Motion for Temporary Relief
Our West Palm Beach Divorce Lawyer Explains Your Options
Major issues in family court – such as child custody, child support, alimony and distribution of marital assets – can be a lengthy process to resolve. But most people involved in these issues can’t wait for a long period of time for these issues to be resolved, which is why they often file for a motion for temporary relief. This is a temporary order issued by a family judge at a special hearing that provides temporary resolution to these major issues. Typically, a person involved in a divorce or in a child custody case petitions for temporary relief due to urgent circumstances, such as an upcoming mortgage payment, or a health insurance premium that is overdue. When a judge grants a motion for temporary relief, the order will only remain in effect until formal proceedings are completed.
Steps to File A Motion For Temporary Relief
In order to file a motion for temporary relief, you must take these steps:
- Complete a motion that details what you are requesting, and why you feel that you are entitled to the temporary relief. For example, a spouse may request temporary alimony to pay for rent or a mortgage. The motion is filed with the court and is sent to the other party.
- Complete a financial affidavit that includes financial details, as well as providing mandatory disclosure of financial documents to the other party.
- Complete a proof of service document with evidence that you have delivered all relevant motions to the other party. Without proving that the other party has received these documents, you will not be able to petition the court for a temporary order of relief.
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
Common Motions for Temporary Relief
The most common types of temporary requests include :
- Motion for Child Support – a parent receives temporary financial support for any children under the age of 18.
- Motion for Child Custody – the court grants one party physical and legal custody of any children involved in the divorce.
- Motion for Alimony – the court grants spousal support to one party. This decision is based on need and financial circumstances.
- Motion To Freeze Assets – the court prohibits either party from selling off, obtaining or hiding marital assets, including bank accounts, pensions and stock investments.
- Motion for Restraining Order – the court issues an order of protection against one party that prohibits them from contacting or coming within a specific distance of the other party.
- Motion for Removing Children – the court issues an order to prevent one parent from taking a child out of a city, county or state for the purposes of hiding the child from the other parent.
- Motion for Exclusive Use of Marital Home – the court grants one spouse the exclusive right to live in the marital home during the divorce proceedings.
Preparing and Submitting Your Motion for Temporary Relief
Because there are so many different types of relief motions you can file, it is important that you properly complete the required documents. One mistake can delay the process, or worse, ensure that your request is denied. And because a relief request occurs during a divorce, emotions can run high, which can affect your objectivity.
If you need help filing a motion for temporary relief, please contact the The Law Office of Eric C. Cheshire P.A. at (561) 677-8090 for a legal consultation. We have the experience and the legal expertise to give you the best chance to obtain the relief you need.