November 6, 2020

A Guide to the Motions for Temporary Relief During a Divorce

The COVID-19 pandemic continues to leave a lasting impact on people’s lives worldwide, affecting employment, finances, health, and even legal cases. Divorce proceedings, in particular, have taken a back seat, as the nature of these were considered as non-urgent—meaning many of such cases were deemed to wait till the pandemic eased up.

With things moving towards normalcy, newly divorced couples are now finding a way to fit the entire situation to make ends meet. However, separated couples figuring out how to pay for child support and alimony are struggling because of the onslaught of the coronavirus. Adding to that are their other financial problems, like paying for their insurance, loans, rent, and other dues.

Luckily, if you’re living in Florida, you may request a motion for temporary relief based on your financial condition. Keep reading below to find out more about it. 

Types Of Motions For Temporary Relief

For people who are going through a divorce, either party may file a motion for temporary relief to obtain child support, alimony, visitation and attorney’s fees until the proceedings are settled. The Court can file the following temporary motions:

Motion For Temporary Child Custody

A motion for child custody grants you the power to gain temporary custody or visitation given your situation during your divorce settlement.

Motion For Temporary Child Support

You can file for a motion for child support to aid your child’s finances temporarily and pay for their basic needs and expenses.

Motion For Temporary Alimony

You can seek to obtain a motion for alimony to cover your alimony payments. The court has the power to grant you temporary relief if you are in a challenging financial situation.

Motion For A Restraining Order

A motion is granted by the court to prevent your ex-spouse from coming close to you, mainly if they are abusing you. Due to their aggressive and unnecessary behavior, you can get a motion for a restraining order.

Motion To Remove Children

If your ex-spouse is threatening you regarding taking away your children, you can ask for a motion to stop them from doing what they want without your consent.

Motion For Exclusive Use Of Marital Home

A motion for the exclusive use of your marital home grants you the legal authority to stay and live in your home while the divorce case is on-going.

Motion To Freeze Assets

You can acquire a motion to stop your ex-spouse from taking over any marital asset and prevent them from either selling them off or keeping them for their own benefit. These include bank accounts and investments.

Motion For Attorney’s Fees and Costs

Filing For A Motion For Temporary Relief

To be granted a motion for temporary relief, you must follow some specific procedures.

To start with, our law firm will need to accomplish a motion describing your situation and why you should be given temporary relief. It will be necessary for you to includ all private information regarding your finances and fill out a financial affidavit. You will also need to give the other party your monetary documents to indicate you’re telling the truth.

We will accomplish a proof of service document. We will submit this together with the rest of the evidence that proves you provided the motion for temporary relief to the other involved party. Doing all the necessary steps will improve your chances of obtaining a motion for temporary relief.

Conclusion

If you qualify for any of the types of motions for temporary relief listed above, then we can file for a motion and wait for the court to grant you temporary relief. Such motions will help you during one of the most challenging moments of your life and guide you in going through your divorce proceedings in peace.

Are you looking for an experienced family lawyer in Jacksonville to help manage your divorce? The Dorsey Law Firm is committed to providing our clients with legal assistance regarding family law, criminal law, and personal injury. Get in touch with us today to schedule an appointment!

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