What Is Temporary Relief in Florida Divorce Cases?
In many cases, divorcing couples disagree on various aspects that are crucial to the divorce process. Disagreements or lack of cooperation cause divorce cases to take years to settle. Disagreements on matters to do with child support, alimony, time-sharing schedules, visitation, and property division are the most common in divorce cases. Sometimes, one spouse might decide to deny the other the right to spend time with their child. A spouse might also decide to hold back money meant to support their spouse or child in other cases.
When disagreements are involved, it becomes impossible for some parties to wait until matters are entirely resolved for them to receive support. Florida courts recognize that parties at times require immediate legal relief. Some need child support, while others need alimony. Also, an individual might need temporary relief when domestic violence is involved.
Courts award qualifying parties with temporary relief orders while divorce cases are still pending as a way of establishing ground rules. In Florida, temporary relief orders mostly remain in effect until the formal divorce proceedings end.
To receive temporary relief, you need to file a motion for temporary relief. Note that you can only file this motion after you or your spouse files a petition for dissolution of marriage.
In Florida, individuals can file various motions for temporary relief. You will notice that a temporary relief does not always have to grant you monetary benefits.
Some of the motions for temporary relief in Florida are listed below.
Motion for Alimony
If you are experiencing financial difficulties during the divorce proceedings, and your spouse can support you financially, the court can award you temporary alimony.
Motion for a Restraining Order
If your spouse is subjecting you to stalking, violence, or threats of violence, you might be able to obtain a temporary order that stops them from contacting you or coming near you.
Motion for Child Support
Courts recognize that children do not put their needs on hold just because their parents are divorcing. Therefore, courts can grant temporary child support to parents who need help catering to children’s needs.
Motion to Freeze Assets
Filing a motion to freeze assets is necessary if your spouse is hiding marital assets. The marital assets that your spouse could hide include, but are not limited to, bank accounts, pension payments, and stock investments.
To receive any temporary relief order, you need to show a judge why you need temporary relief. For example, if you need to make mortgage payments, you could qualify for temporary alimony.
Additionally, sometimes people think they qualify for temporary relief, only to realize that they do not qualify. Therefore, you need to work with an experienced divorce attorney if you think you deserve temporary relief. A divorce attorney will help you know if you qualify to receive temporary relief. They can also help you successfully file a motion and receive relief.
How to File a Motion for Temporary Relief in Florida
You and your attorney will need to;
- complete a motion indicating why you need temporary relief.
- disclose your financial status.
- prove that the other party was served with the motion or motions.
Contact a Qualified Divorce Attorney Today
If you need help filing a motion for any temporary relief, contact the Fort Lauderdale divorce attorneys at the office of Joyce, A. Julian, P.A. at 954-467-6656 today to schedule a consultation.