Temporary Relief In Divorce

There are a lot of issues that have to be addressed before a Florida court will finalize a divorce, including property division, alimony, child custody, and child support. The process of resolving these issues can take a long time, sometimes taking months or even years. Fortunately, couples don’t have to wait until their divorce is finalized to address some of these matters. That’s because Florida family law judges can issue not only permanent, but also temporary orders regarding property settlements, alimony, custody, and child support. These orders, unlike final orders, will only remain in effect while a divorce is pending.

What is Temporary Relief? 

Temporary relief is available to divorcing couples to help them reach short-term solutions to divorce-related matters until their marriage is legally ended. These orders will typically remain in effect until a divorce is finalized, although courts are also permitted to modify them in the event that the divorcing couple’s situation changes. Basically, temporary relief is an important tool that helps courts address urgent divorce-related issues and manage both parties’ rights and obligations throughout the divorce proceedings.

What Are the Types of Temporary Relief? 

In Florida divorces, temporary relief can cover a number of different issues, including:

• Temporary alimony, which can be ordered while a divorce is pending, to a spouse who earns significantly less than the other to help him or her begin the transition to post-divorce life;
• Temporary child support, which can be awarded to ensure that a child’s needs are covered until the divorce is finalized and the final child support order goes into effect;
• Temporary parenting plans, which dictate where a child will live and how often he or she will have visitation with the other parent while the divorce is pending; and
• Temporary property settlement orders, wherein courts can award a portion of a marital asset to one spouse while the divorce is ongoing, such as exclusive use of the marital home.

Judges can also use temporary relief to address the payment of certain expenses, like household costs, health and car insurance premiums, and even attorney’s fees.

How Do I Obtain Temporary Relief? 

Courts don’t usually just automatically grant temporary relief in divorce cases. Instead, a spouse seeking some sort of temporary relief will need to file a petition with the court, after which, the judge will hold a hearing, where both parties can present their evidence and arguments. The petitioner will bear the burden of proving that it is more likely than not that the couple’s circumstances justify the issuing of the order. If successful, the court will issue a temporary order on the matters in question. These orders, while not permanent, are legally binding, which means that those who fail to abide by their terms could face legal penalties.

Call Our Office for Advice and Legal Representation 

To learn more about the types of temporary relief to which you could be entitled during divorce, please call experienced Florida divorce lawyer Sandra Bonfiglio, P.A. at 954-945-7591 today.

Sources:

 fljud13.org/Portals/0/Forms/pdfs/family/packet38.pdf

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms/Temporary-Support-12.947-Forms-A-D/Motion-for-Temporary-Support-with-Dependent-or-Minor-Child-ren