Divorce law in Florida allows for parties to request temporary relief pending the final disposition of their divorce or their paternity case. The road to the end of a divorce case or a paternity action is long, cumbersome, and costly. If one party is dependent for support on the other party or if both parties are struggling with co-parenting during the pendency of their case, it is wise to file a temporary needs motion and schedule a hearing in front of the judge early on in the process.
In Orlando, absent an emergency, judges will not hear any motion for temporary needs until the parties have attended a mediation session. It is incumbent on the person who desires the temporary relief to file a motion and schedule a hearing in front of the judge. Timing is of the essence as a contested divorce or contested paternity action can take several months or even longer than a year to resolve. Failure to file a motion for temporary relief can result in detrimental consequences to the party who needs it.
The most common requests for temporary relief are the following:
- Time-Sharing/Visitation/Custody – Oftentimes, parents are unable to agree on a timesharing schedule with their minor children. When this occurs, the court is empowered to place an order that serves the best interest of the minor children involved. It is important for the parties to keep in mind that this will be a temporary order and is subject to change once the case is resolved.
- Child Support – The children involved in a paternity or divorce case have the right to receive support from both of their parents. An order of child support provides much needed stability for the children and for the parents who are exercising the majority of timesharing with them.
- Alimony – A party can request for relief in the form of temporary alimony if a party has a need and the other party has the ability to pay. Temporary alimony might be crucial in a case if a party needs the alimony to pay bills or to cover other necessities while the case is pending.
- Attorney Fees – Florida judges have the discretion to award one side to pay the attorney fees of the other side. If a spouse earns significantly less income or a judge determines a party has the ability to pay, the judge has the discretion to order attorney fees and costs be paid by the other party.
- Other Items – Parties can also request the judge determine who will maintain exclusive use and possession of a home, who will claim a child for taxes if the tax season is approaching, and a judge can make a temporary distribution of any assets or liabilities the parties have incurred.
If you have questions about temporary relief call Longwell Lawyers, your Orlando Divorce Attorneys,at (407) 553-9599 today.