Temporary relief: Getting action quick during a divorce
Sometimes one of the parties needs the court to order something before the final judgment. This is called “temporary relief,” and it can include alimony, child support, attorney’s fees, suit money and costs, determination of parental responsibility, orders regarding use and possession of marital assets (including the marital home), and payment of marital liabilities.
Generally, temporary relief may not be scheduled until mediation is completed. Therefore, it is can sometimes take a long time for parties to get a temporary relief hearing after they first file for divorce.
In Hillsborough County, a “standing order” is entered once one spouse files for divorce. This order prohibits the sale or transfer of marital assets, prohibits removal of the children from the jurisdiction of the court and requires maintenance of existing insurance policies. There is no need for temporary relief in regards to the matters outlined in that Standing Order.
A temporary relief hearing is very important because it can sometimes set the tone for the final hearing. Therefore, such a hearing has to be well prepared and appropriate documentation must be provided. Be sure to let your counsel know if you believe you need temporary relief in your case so it can be requested right away.
Also, each spouse must also comply with mandatory disclosure before any temporary relief hearing can be held. Therefore, it is important that you get the required documents to your counsel as early as possible so the hearing can be scheduled.