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.
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 561-655-8844 for a legal consultation. We have the experience and the legal expertise to give you the best chance to obtain the relief you need.