What Is a Temporary Hearing in South Carolina?

Every divorce or custody case can end in several ways: (1) the parties decide the outcome through a settlement, (2) the judge decides the outcome through a trial, or (3) the case is dismissed. Because a settlement or trial can take more than a year, either party may request a temporary hearing by filing a motion. The Family Court may then hold a temporary hearing (often at the beginning of the case) to set the ground rules for the parties while the case is pending.

A case can also end through dismissal. While it remains pending, a temporary order can address immediate questions about children, support, bills, and use of property. Those decisions matter because the parties may have to live under the order for months. So what is a temporary hearing in South Carolina, what can the judge decide, and how should you prepare?

Quick Answer: A temporary hearing is a short family court hearing, usually held early in a divorce or custody case, where a judge enters a temporary (pendente lite) order that governs the parties until the case is resolved or the order is modified. The order can address custody, visitation, child support, spousal support, bills, use of the marital home, and attorney’s fees. The judge usually decides based on affidavits and financial declarations rather than live testimony.

What Does Pendente Lite Mean?

Pendente Lite is a Latin term that means “pending the litigation.” Family Court lawyers may style their motion as a Motion for Temporary Relief or a Motion for Pendente Lite Relief. While they don’t translate literally, both motions serve the same purpose.

What Issues Can Be Decided at a Temporary Hearing in South Carolina?

Family court judges may issue temporary or pendente lite orders to do any or all of the following:

• Award one party sole or primary custody over the other
• Award periodic spousal support or child support
• Determine which marital expenses, such as automobile insurance or health insurance, each party will pay
• Set a parenting time or visitation schedule for the parents
• Allow one party use or possession of an asset, such as a marital home or a vehicle, to the exclusion of the other
• Restrict or allow the use of financial accounts
• Restrain the parties from engaging in conduct detrimental to the children
• Restrain the parties from harassing each other
• Restrain the parties from depleting or disrupting the marital estate
• Require one party to pay attorney’s fees or case costs to the other

When custody is disputed, the judge may also appoint a guardian ad litem at the temporary hearing to investigate and represent the child’s best interest. Our article on what a guardian ad litem does in South Carolina explains that process.

The judge needs to know precisely what arrangement each party wants. For example, asking for “custody” leaves important questions unanswered. A proposed schedule should address ordinary school weeks, exchanges, and any immediate safety concerns. The court may also need to decide who stays in the home and how child support will be handled while the case proceeds.

We discuss these issues further in our articles on South Carolina custody law and moving out before a divorce. If custody is the main dispute, our article on temporary custody orders in South Carolina explains how judges decide custody while the case is pending.

Can a Temporary Order Be Modified in South Carolina?

Yes. A party can ask the family court to modify a temporary order if circumstances have changed enough to justify a different arrangement. The court will consider the evidence and the relief requested.

One example could be a parent paying spousal support who is laid off through no fault of his or her own. In this example, that parent may not be able to afford the spousal support obligation and may move to modify the temporary order to reduce or eliminate it.

Another example could be a parent who has custody or visitation who gets arrested for DUI while a child is in the car. In this example, the other parent may make a motion to modify the temporary order to require that the parent only has supervised contact until the alcohol or substance abuse issues are addressed.

An arrest does not establish guilt. In that example, the court would need to evaluate reliable information about what happened and any risk to the child. Likewise, a job loss does not automatically reduce support. Until the court changes an order, the parties should follow its existing terms.

What Rules Apply at the Temporary Hearing?

Rule 21 of the South Carolina Family Court Rules governs requests for temporary hearings submitted on or after October 1, 2025. The South Carolina Rules of Evidence also apply to evidence submitted at the hearing.

Rule 21 requires a written motion that identifies the issues and the specific relief requested. If the responding party wants the court to grant additional relief, that party must say so in a return. A temporary hearing moves quickly, so neither side should assume the judge will infer a request that the papers do not clearly make.

When Must the Temporary Hearing Papers Be Served and Filed?

Under Rule 21, the deadlines depend on the type of paper:

• Motion and hearing notice: The party requesting the hearing must serve both at least 20 days before the hearing.
• Response: The other party must serve and file a response, including any request for relief of their own, no later than 10 days before the hearing.
• Written evidence: Each party generally must serve and file its affidavits and supporting documents no later than 5 days before the hearing. This includes the written materials the party plans to present, such as a financial declaration and, when custody is contested, a proposed parenting plan.

Rule 21 does not call these materials a “hearing packet,” but that is a useful way to think about them: preparing papers for the judge is not enough. They must also reach the other side and be filed by the applicable deadline. If an affidavit refers to a document that is not attached, the document must be served with the affidavit and available in the courtroom.

There are limited exceptions. At the hearing, a party may serve and file a reply affidavit responding to the other side’s evidence, along with additional detail supporting a request for attorney’s fees and costs. The family court may change Rule 21’s scheduling, notice, or time requirements for good cause. Because the five-day evidence period is shorter than seven days, Rule 6 excludes intermediate weekends and holidays when calculating it.

The following table summarizes the main Rule 21 deadlines for a temporary hearing:

How Long Does a Temporary Order Last?

A temporary order remains in effect until one of the following happens:

• The court enters an order approving a settlement agreement between the parties
• The court enters a final order from trial resolving the issues in the case
• The court dismisses the case, including after proceedings under the 365-day family court benchmark order
• The court enters another order that modifies or dissolves the temporary order

“Temporary” does not mean optional. The order governs the parties while it is in effect. It also does not decide who ultimately wins a custody or support dispute. A temporary family court order generally does not prejudice the parties’ rights at the final hearing.

How Much Notice of a Temporary Hearing Does the Other Party Get?

The other party must be served with the motion and notice of the hearing at least 20 days prior to the hearing. The party receiving this notice must serve and file a return at least 10 days prior to the hearing.

Rule 21 also requires service of the motion, so the responding party can see what relief is being requested. The return must be both served and filed no later than 10 days before the hearing. The court may change these timing requirements for good cause, including in an appropriate emergency.

How Long Does It Take to Schedule a Temporary Hearing in South Carolina?

Under Rule 21, a hearing date generally must be at least 21 days and no more than 45 days after you file or submit the request for a hearing to the clerk. A request for more than 30 minutes requires an explanation and approval of the additional time by the chief judge for administrative purposes. The court may change scheduling requirements for good cause.

If an emergency presents a risk of irreparable harm, a party can ask the court to shorten the usual deadlines. The request must be supported by relevant affidavits explaining the urgency. The judge decides whether good cause warrants an expedited hearing and modified notice or filing deadlines.

The court may also grant temporary relief without first hearing from the other side when needed to protect a child’s health, safety, or welfare, or to prevent irreparable harm. This is called ex parte relief. Rule 65 of the South Carolina Rules of Civil Procedure governs the procedure. An ex parte temporary restraining order must state when it expires, no more than 10 days after entry unless extended as the rule permits. The other party must have an opportunity to be heard promptly.

An emergency request should explain the immediate harm and support it with specific facts. A disagreement about the preferred parenting schedule or who should pay a bill may matter, but it does not, by itself, establish grounds for an order without notice.

What Evidence Is Presented at a Temporary Hearing in South Carolina?

The court generally considers affidavits, financial declarations, and documents required by statute, such as a parenting plan. For good cause, the judge may allow or require additional evidence or testimony. Written evidence generally must be served and filed at least five days before the hearing, although parties may submit reply affidavits and additional details supporting a fee request at the hearing. Under Rule 6 on computing time, weekends and holidays are excluded when counting a period shorter than seven days.

For 15-minute hearings: Each party may submit up to 10 pages of affidavits with 30 pages of exhibits.

For 30-minute hearings: Each party may submit up to 20 pages of affidavits with 30 pages of exhibits.

For hearings over 30 minutes: The requesting party must explain why more time is needed and, if necessary, ask to exceed the affidavit page limits. The chief judge for administrative purposes must approve the hearing length and set any applicable affidavit page limit. The 30-page limit on attached exhibits still applies.

The following table summarizes the Rule 21 limits on written evidence:

If you are still deciding who should represent you, our article on how to choose the best divorce lawyer in Charleston explains what to look for and what to ask.

What Should You Prepare Before the Hearing?

Start with the relief you want the judge to order, then gather documents that address each disputed issue. If support or payment of expenses is at issue, prepare an accurate, current financial declaration. Family Court Rule 20 requires one when a party’s financial condition is relevant. If custody is contested, South Carolina Code § 63-15-220 requires each parent to prepare, file, and submit a parenting plan at the temporary hearing, although the parents may submit a joint plan.

Affidavits should focus on facts the writer knows firsthand. Choose exhibits that help the judge understand a disputed point, such as a pay record relevant to support or a message relevant to a proposed parenting schedule. Rule 21 excludes financial declarations, proposed parenting plans, and attorney’s fee affidavits from the affidavit page limit.

It also addresses documents referred to in an affidavit but not attached: they must be served with the affidavit and available in the courtroom. Because temporary hearings move quickly, it also helps to know how to present yourself in court, which we explain in our article on how to deal with a difficult judge in South Carolina.

A temporary hearing can shape where children live, how bills are paid, and what each spouse may use while a case is pending. If you need temporary relief or have received notice of a hearing, contact the lawyers at Futeral and Nelson to discuss the facts, the deadlines, and the evidence the court will need.