A temporary hearing in South Carolina family court is a preliminary, interim proceeding designed to establish temporary rules and preserve the status quo between the parties while a domestic relations or family law action is pending trial. Terry v. Terry, 400 S.C. 453, Charest v. Charest, 329 S.C. 511.
Also referred to as pendente lite hearings, these proceedings do not decide any issue with finality, nor do they affect a substantial right Terry v. Terry, 400 S.C. 453. Instead, they are legally "without prejudice" to the rights of the parties, and the family court retains full authority at the final hearing to redress, adjust, or recoup any errors arising from the temporary order Terry v. Terry, 400 S.C. 453.
Jurisdiction and Scope of Relief
The family court has exclusive jurisdiction to hear and determine motions for pendente lite relief in marital litigation, such as actions for divorce a vinculo matrimonii, separate support and maintenance, and legal separation S.C. Code Ann. § 63-3-530. During a temporary hearing, the court may address and order various forms of temporary relief, including:
- Suit Money and Attorney's Fees: The court may hear and determine a motion for the allowance of suit money and attorney's fees pendente lite S.C. Code Ann. § 63-3-530. An award of temporary attorney's fees or suit costs cannot be stayed by an appeal S.C. Code Ann. § 63-3-530.
- Custody and Visitation: At any temporary hearing where custody is contested, each parent must prepare, file, and submit an individual or joint "parenting plan" detailing parental preferences, parenting time allocation, and major decision-making responsibilities S.C. Code Ann. § 63-15-220. The court must consider these parenting plans before issuing a temporary custody order, though a party's failure to submit one does not preclude the court from issuing the order S.C. Code Ann. § 63-15-220. Additionally, the court may appoint a Guardian Ad Litem (GAL) to represent the minor children, and the GAL is permitted to submit affidavits at the temporary hearing S.C. Code Ann. § 63-3-830, Brown v. Brown, 412 S.C. 225.
- Financial Support and Property Preservation: The court may issue temporary orders addressing the preservation of joint assets, temporary possession of joint residences, temporary financial support, and the temporary allocation of personal property Brown v. Brown, 412 S.C. 225, S.C. Code Ann. § 20-4-60.
- Orders of Protection: In actions brought under the Protection from Domestic Abuse Act, temporary hearings—such as 24-hour emergency hearings—are intended to be temporary in nature to address urgent circumstances before a full adjudicative hearing on the merits can be conducted Moore v. Moore, 376 S.C. 467.
Evidentiary Rules and Page Limits
For temporary hearing requests submitted on or after October 1, 2025, evidentiary presentations are strictly governed by modified procedural rules:
- Permissible Evidence: Evidence received at a temporary hearing is generally confined to affidavits, financial declarations, and other statutorily required documents (such as proposed parenting plans) Rule 21, SCRFC. No live testimony is permitted unless the presiding judge, in their discretion, finds good cause to permit or require additional evidence or testimony Rule 21, SCRFC.
- Filing Deadlines: All written evidence and supporting documents must be served and filed no later than five days before the scheduled hearing Rule 21, SCRFC. Reply affidavits responding to the opposing party's evidence or providing detail for attorney's fees may be filed at the hearing Rule 21, SCRFC.
- Page and Volume Limitations:
- For 15-minute scheduled hearings, each party is limited to 10 pages of affidavits Rule 21, SCRFC.
- For 30-minute scheduled hearings, each party is limited to 20 pages of affidavits Rule 21, SCRFC.
- Hearings exceeding 30 minutes require approval from the chief administrative judge, who will designate the applicable page limits Rule 21, SCRFC.
- These page limits exclude proposed parenting plans, financial declarations, and attorney's fees affidavits Rule 21, SCRFC.
- If documents are attached as exhibits to the affidavits, the total number of exhibit pages submitted by a party cannot exceed 30 pages Rule 21, SCRFC.
Appeals and Redress of Temporary Orders
A temporary family court order cannot be stayed simply by filing a notice of appeal Terry v. Terry, 400 S.C. 453. Because temporary orders are not final, any appeal from a pendente lite order is held in abeyance until the final order is entered in the family court Terry v. Terry, 400 S.C. 453. To preserve an objection to a temporary order for eventual appeal, a party must explicitly place the challenge on the record at the commencement of the final hearing, where any perceived errors are to be redressed Terry v. Terry, 400 S.C. 453.
A temporary hearing in South Carolina family court serves as an interim mechanism to govern the parties' parental, financial, and property relations on a short-term basis. Operating under strict page limits and relying primarily on written affidavits rather than live testimony, these hearings establish non-final, alterable rules that remain in place only until a final adjudication on the merits can be reached.
At Seibert Law and Mediation, we believe families thrive when they are empowered to build solutions, not forced into conflict. If you’re facing a difficult chapter, we’re here to help you move forward with clarity, compassion, and dignity. The most important step you can take is to speak with an experienced family court attorney immediately.
Divorces, Separate Maintenance and Support, and custody and visitation matters in South Carolina can be highly technical, and small factual details often make the biggest difference. If you or someone in your family is faced with family court, don’t assume the case is open-and-shut. At Seibert Law and Mediation, we examine every angle to fight for the best possible outcome.
Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0686 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a family court matter alone.
Seibert Law and Mediation serves lowcountry South Carolina in: Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.