December 1, 2022

Motion for Temporary Relief in Florida

If you are facing an emergency situation and need immediate relief from the court, you may file an Ex Parte Emergency Relief motion. This motion is typically used in cases where there is a risk of irreparable harm if the relief is not granted.

For example, suppose you are a victim of domestic violence, and then your abuser has violated a protective order. In that case, you may file an Ex Parte Emergency Relief motion to ask the court to issue a new protective order.

If you are granted Ex Parte Emergency Relief, the court will issue an order without hearing from the other party. This order will be in effect until a hearing can be held, at which point the court will ultimately determine whether to make the order permanent.

If you need immediate relief from the court due to an emergency, you should speak to an attorney to discuss whether filing an Ex Parte Emergency Relief motion is right for you.

Read on to find out more about Ex Parte Emergency Relief:

Procedure to Follow If There’s a Motion for Regular Temporary Relief in Florida

If you’re currently dealing with a family law case in Florida and there is a motion for regular temporary relief, specific procedures have to be followed. First, you must file a notice of the motion with the clerk of the court. This notice must be served to the other party at least five days before the hearing of the motion. The notice must state the time and date, as well as the place of the hearing, as well as a short and concise description of the relief that is being requested.

At the hearing, both parties can present evidence and argument in support of their respective positions. The court will then decide on the motion. If the motion is granted by the court, it will issue an order granting the requested relief. This order will be effective for a period specified by the court, typically six months.

If you are presently involved in a family law case in Florida, and there is a motion for regular temporary relief, it is crucial to familiarize yourself with the procedures. By following these procedures, you can ensure that you are protected and that you have the best chance of prevailing on your motion.

Issues Commonly Raised in a Motion For Temporary Relief Florida Hearing

When you file for divorce in the state of Florida, you may also file a motion for temporary relief. This motion is called a “temporary injunction” or a “pendente lite motion.” A motion for temporary relief requests the court to make temporary orders about specific issues in your divorce case.

The court can make temporary orders about:

Need for Spousal Support:

A temporary spousal support order, for instance, may be issued by the court during a divorce proceeding based on the needs and ability to pay of both spouses. This type of support may even be ordered in short-term marriages. In many cases, the amount of temporary spousal support ordered by the court is similar to what may be ordered at the final hearing.

Need for Child Support

Even though a divorce is not yet finalized, the needs of any children involved do not stop. The court will look at the incomes of both parties and how much time each party is spending with the child or children to determine a temporary child support amount to be paid during the proceedings. This amount may change if the time-sharing schedule changes in the future.

Exclusive Use and Possession of the Home

If you are going through a divorce, both you and your spouse are likely entitled to equal use of the home. However, this might not be the best situation for either of you. If this is indeed the case, you can ask the court to award you temporary exclusive use and possession of the home, so the other person cannot come and go as they please.

Conclusion

Ex parte emergency relief is a legal process where one party can request emergency relief from the court without notice to the other party. This type of relief is typically used in situations where immediate and irreparable harm will occur if the relief is not granted. Ex parte emergency relief can be granted for a variety of reasons, including domestic violence, child custody, and restraining orders.

Dorsey Law JAX is a trusted law firm in Jacksonville with seasoned attorneys specializing in family law, as well as personal injury and criminal law. Schedule a meeting with our lawyers today to discuss your case!

December 1, 2022

Should You Get a Prenup in Florida 7 Reasons Why

When two people get married, they often do so with the intention of staying together forever. However, the reality is that divorce happens, and it happens more often than many people realize. In fact, according to data from the American Psychological Association, the divorce rate in the United States is around 40%.

While getting divorced may not be something that people like to think about when they’re getting married, it’s important to be prepared for it just in case. One way to do this is to get a prenuptial agreement. A prenuptial agreement, also known as a prenup, is a legally binding contract that is signed by two people before they get married.

The contract outlines each person’s rights and responsibilities in the event of a divorce. Prenuptial agreements are not just for the wealthy. In fact, they can be beneficial for anyone who is getting married, regardless of their financial situation.

Here are seven reasons why prenuptial agreements are important for engaged couples in Florida:

  1. Protect Your Assets

A prenuptial agreement can protect your assets and property in the event of a divorce. If you own a home, a business, or other valuable property, a prenuptial agreement can help ensure that these assets remain in your possession in the event of a divorce.

  1. Protect Your Business

If you own a business, a prenuptial agreement can help protect it in the event of a divorce. This is because the agreement can stipulate what will happen to your business in the event of a divorce. For example, you can specify that your business will go to your business partner or other family members in the event of a divorce.

  1. Avoid Arguments About Money

Money is one of the most common reasons couples fight. If you have a prenuptial agreement, you can avoid arguments about money by specifying how your finances will be handled in the event of a divorce. For example, you can specify who will pay what bills in the event of a divorce.

If you have children from a previous marriage, you may want to use a prenuptial agreement to protect their inheritance in the event of your death. By including provisions in your prenup that designate how your assets will be divided in the event of your death, you can ensure that your children receive their fair share.

  1. Protect Your From Debt

If you or your future spouse have significant debt, you may want to consider a prenuptial agreement to protect yourself from being responsible for your spouse’s debt. By including provisions in your prenup that designate how debt will be handled in the event of a divorce, you can protect yourself from being saddled with debt that you did not incur.

  1. Protect Your Privacy

If you are concerned about your privacy, a prenuptial agreement can help protect your information. By including provisions in your prenup that designate what information will be considered confidential, you can help ensure that your private information remains private.

  1. Protect Your Rights

If you are concerned about your rights in the event of a divorce, a prenuptial agreement can help protect you. By including provisions in your prenup that designate how your assets will be divided in the event of a divorce, you can help ensure that you receive your fair share.

Conclusion

Prenuptial agreements can be very beneficial for couples in Florida who are getting married. They can help to protect each other financially in the event of a divorce, and can also make it easier to divide property and assets if the marriage does not work out.

If you are considering a prenuptial agreement, it is important to speak with an experienced attorney who can help you understand the benefits and drawbacks of such an agreement. You should also make sure that you and your future spouse are on the same page about the agreement, and that you both understand the terms and conditions.

If you’re ready to make decisive steps to place safety nets on your marriage, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.

November 22, 2022

What to Do When Your Spouse Wants a Divorce and You Dont

Divorce is a very stressful experience for everyone involved. It can be very difficult trying to untangle your life and figure out what is going to happen with the children. Even if both spouses agree on the divorce, it can still be very challenging. Even more so for the spouse who did not want the marriage to end.

If your spouse has left you and your children, you can still seek financial support from them without having to file for divorce. This includes both child support and spousal support. This way, you can ensure that your family is taken care of financially even if your spouse is no longer around.

In this guide, we’ll go over what you can do when you want to slow down the divorce process.

Is Slowing Down a Divorce Possible?

If your spouse files for divorce but you don’t want it, you can’t stop the divorce from happening. You can file a counterclaim and request counseling, which may enable an attempt at reconciliation.

If you are ordered to attend counseling sessions with your spouse, this will not prevent the divorce from proceeding. However, it may delay the process. If you do not participate in the counseling, the divorce will continue without your input, which can put you at a disadvantage. Your spouse may get what they want from the divorce without your having any say in the matter.

What Are the Grounds for Divorce in Florida?

In order to get a divorce in Florida, you do not need to show that either you or your spouse did anything wrong. The only two grounds for divorce in Florida are Irreconcilable Differences and Mental Incapacity. Irreconcilable Differences is the most common ground for divorce, and you don’t have to show that the other person did anything wrong.

When you answer the divorce complaint, you are telling the court that you want to be involved in the divorce process and that you have something to say about the important issues in the case.

What Should You Do When Your Spouse Files for Divorce?

If your spouse files for divorce, you will be served with divorce papers. These papers will tell you what you need to do next. The first thing you need to do is read the papers carefully. After you read the papers, you need to decide how you want to respond. Get legal consultation as soon as possible.

If you want to be involved in the divorce, you need to file an answer with the court. When you file an answer, you are telling the court that you want to be involved in the divorce process and that you have something to say about the important issues in the case.

If you do not want to be involved in the divorce, you do not have to do anything. If you do not respond to the divorce papers, the court will assume that you do not want to be involved in the case. The court will then grant the divorce without your input.

Conclusion

If you are served with divorce papers, it is very important that you take action immediately. Get legal consultation as soon as possible. Your spouse may be trying to take advantage of you by filing for divorce. You need to get legal consultation as soon as possible to protect your rights.

If you are facing a divorce, make sure you know your rights. Dorsey Law JAX can help you take legal matters into your own hands with our capable team. Get in touch with us today to learn how.

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