The Benefits of Filing for Temporary Relief in Florida Divorces
If you are considering divorce or you have been served with a petition for dissolution of marriage, filing for temporary relief can be a solution to your immediate needs and can also prevent further conflict or crisis in some circumstances.
As a 25 year veteran in Florida Family law, Tampa divorce attorney Nilo J Sanchez understands the importance of temporary relief. You may be worried about finances, the children or where you will live before your divorce is finalized. Filing for temporary relief can help to alleviate these concerns so that your attorney can proceed with negotiating the terms of your divorce. Timing is important, particularly in contested divorces or high net worth divorces which can take some time to settle. Therefore, filing for the relief that you need as soon as possible is a wise decision.
What Types of Temporary Relief Can Be Awarded in Florida Divorces
There are a variety of reasons why your attorney may file for temporary relief such as when you need financial support or if you are concerned that your spouse may leave the area with the children or to prevent your spouse from selling off assets. Consider consulting with Attorney Sanchez to determine what type of temporary relief may be in your best interest.
- Motion for exclusive use and possession of marital home – The court may grant one spouse the exclusive right to live in the marital home while the divorce proceedings are ongoing.
- Motion for sole parental responsibility and timesharing – The courts have the power to grant one party sole parental responsibility and/or timesharing. Asking the courts to limit timesharing must be for reasons that are in the best interest of the children. It is important to discuss timesharing limitations with an experienced Tampa child custody attorney.
Please read: Sole Custody & Timesharing in Florida
Temporary Relief and Finances
- Motion for Temporary Child Support – Florida Statutes state that both parents are legally obligated to provide financial support for children under the age of 18. The courts will look at the income of both of the parents as well as the temporary timesharing schedule or “parenting plan” to determine the amount of temporary child support that should be awarded
- Temporary Alimony – Whether you have been in a short term or long term marriage, your attorney may file a motion for temporary relief for spousal support. In a hearing, the courts will review the motion and the financial affidavits of both parties to determine if alimony should be awarded. If alimony is awarded, the judge will determine the amount of alimony that is to be awarded along with a payment schedule.
- Temporary Responsibility for Liabilities/Debts: When couples are divorcing the bills should still be paid. If however, your spouse has stopped paying the bills this can cause a great deal of financial and emotional stress. A judge can order temporary relief by ordering your spouse to pay the bills and to provide continued financial support until a final order is entered.
- Temporary Order to Freeze Assets – Especially in the case of high net worth divorces, it may be in your best interest to file a motion to temporarily freeze assets. Florida courts prohibit either party from hiding, selling or manipulating marital assets during a divorce proceeding. This can include stocks, bonds, pensions, bank accounts or other assets.
Temporary Relief Protection Orders & Children
- Motion for Restraining Order – Sadly, it may be necessary for your divorce attorney to motion the court for a temporary restraining order. Restraining orders may or may not remain in effect for the duration of the divorce proceedings.
- Motion to Prevent Removal of Children – A judge can order a temporary motion that prevents your spouse from hiding or leaving with the children during your divorce proceedings. If you have genuine concerns that your spouse may attempt to relocate the children without your knowledge or permission, consult with Attorney Sanchez for legal guidance and representation.
- Motion for Temporary Attorney Fees – Pursuant to Florida Statute and case law, both parties to a dissolution proceeding are entitled to competent legal counsel. Therefore, the Courts can award attorney fees after the review all of the income, assets and liabilities of the parties.
Tampa Divorce & Child Custody Attorney – Top-Rated, Affordable Consultations
When you are asking the courts for temporary relief, the burden is on the person seeking relief to prove that you are entitled to it. You must prove to the courts based on what is termed a “preponderance of the evidence” that it is more likely than not that you are entitled to the requested relief.
Nilo J Sanchez is a top rated divorce and child custody attorney. If you are in need of temporary relief in Tampa Bay or you have been served with a petition for dissolution of marriage consulting with a top rated Tampa family law attorney will be highly beneficial. Nilo J Sanchez & Associates represents clients who are divorcing or who need a child custody attorney in Tampa, Brandon, Lutz, Dade City or Clearwater Florida. Attorney Sanchez offers experience, determination and an extensive working knowledge of Florida Family Law.
Call for an affordable consultation today with Attorney Nilo J Sanchez & Associates, “Because Nothing is More Important than Your Family.”
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