Each divorce in Georgia is unique. While some divorces are simple, others are quite complicated. In many cases, before resolving a divorce, hearings are often required to establish certain issues about the separation. It is common for couples who have children together or own joint property to attend temporary hearings. It helps greatly to understand as much as one can about the divorce court process, which includes learning what the phrase “rule nisi” means.
In many cases throughout Georgia, a rule nisi is issued before a temporary hearing for issues arising from divorce cases. Meaning “to show cause” rule nisi allows the opposing party to receive notice of a hearing so that both parties are provided the opportunity to be heard before a court of law. There are some important rules in divorce cases when rule nisi is used, however, and it can help to understand some of the basis of how these laws occur.
The Reason Parties Request Temporary Hearings
A party requesting a temporary hearing is able to serve the opposing party with divorce papers and rule nisi simultaneously. In most cases, the temporary hearing will be scheduled after the divorce is filed.
A temporary hearing is often the first time that both parties will appear before the judge. These hearings can be particularly helpful when the parties are unable to degree about important decisions in a case. At the end of a temporary hearing, a temporary decision will often be made the court.
Rule Nisi in Other Types of Cases
In addition to divorce cases, a rule nisi is sometimes filed in paternity cases when a father seeks to establish paternity. Rule nisi is also sometimes used when filing for the temporary custody of a child and abuse or neglect is involved. An experienced divorce lawyer understands the nature of rule risi and has the skills necessary to navigate these matters in court.
If You are Served with a Rule Nisi
A rule nisi informs the opposing party about the date and time that a hearing is scheduled. If you receive a rule nisi, you should not hesitate to speak with a knowledgeable family law attorney. If you miss the hearing, there is a good possibility that a judge will still issue a decision in your case. In many cases, failing to appear before a court will also make a bad impression with your judge, which can lead to a number of additional obstacles later on in the case.
Speak with an Experienced Family Law Attorney
No matter if you are the spouse who has received a rule risi or if you are the spouse who requested the hearing, it is critical to obtain the assistance of a family law attorney who can help you navigate this difficult time. Contact Vayman & Teitelbaum, P.C. to obtain the assistance of a skilled family law attorney who understands the complicated issues that can during the divorce process.