Notice of a temporary hearing in a Georgia domestic case must be served on the other party at least 15 days before the hearing date.
What the Rule Requires
Uniform Superior Court Rule 24.2 provides that notice of the date of any temporary hearing “shall be served upon the adverse party at least 15 days before the date of the hearing, unless otherwise ordered by the Court.” The 15 days is a default the judge can shorten, not a floor.
The Financial Paperwork Runs on a Different Clock
The same rule sets a separate and shorter deadline for the documents. At least 5 days before any temporary or final hearing in a case involving child support, alimony, equitable division of property, modification, or attorney’s fees, each party must serve the other with a financial affidavit setting out his or her financial circumstances. In child support cases, the worksheet and schedules required by OCGA 19-6-15 must be served at the same time.
So you can have your hearing date well before you have the other side’s numbers. Fifteen days of notice and five days of paperwork are two different requirements, and meeting one does not satisfy the other.
Emergency Cases Are Different
Rule 24.2 carves out emergencies. In emergency actions the affidavit, worksheet, and schedules “may be served on or before the date of the hearing or at any other time as the Court orders.” If your case was filed as an emergency, do not expect the ordinary sequence.
Custody Cases With No Money at Stake
A case with no financial claim in it still gets notice. Under Rule 24.4, notice of temporary hearings in all domestic relations cases not involving financial matters is given according to the notice provisions of Rule 24.2.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!