Temporary Relief in Florida Divorce Cases

Several issues must be addressed before a Florida divorce can be finalized, including timesharing (child custody), child support, property division, and alimony. This process takes time, especially in contested divorces, where spouses cannot agree on all or most of these issues. When spouses cannot agree on divorce-related matters, the divorce process can drag out for a significant period. The good news is that in Florida, spouses do not have to wait until their divorce cases are completely resolved before getting some assistance.

Temporary relief is available to divorcing spouses, which is aimed at helping spouses stay afloat financially during the divorce process and reach some sort of short-term solution to divorce-related matters. These orders last until the divorce is finalized. Until that time, the court can modify these orders as the situation of the divorcing spouses changes.

Temporary relief is an essential tool for addressing urgent matters and ensuring both spouses’ rights and obligations are managed fairly during the divorce proceedings. If you are going through a Florida divorce, it is crucial to understand the types of temporary relief available and the process for obtaining them.

Types of Temporary Relief in Florida Divorce Cases

In Florida divorce cases, temporary relief can cover several issues. The following are some of the types of temporary relief in Florida divorce cases;

Temporary Alimony

The first issue that temporary relief can cover during a Florida divorce is alimony. Often, people associate alimony with payments made to one spouse once the marriage has been dissolved. While this is mostly true, it is possible to receive temporary alimony while a divorce is still pending. Temporary alimony can be awarded when one spouse earns significantly less than the other spouse or has special expenses, such as medical expenses. Temporary alimony is meant to help a spouse live an independent life and begin the transition to post-divorce life. This temporary award can help a spouse continue enjoying the same lifestyle they would have enjoyed had the marriage not ended.

Temporary Orders for Visitation and Child Support

Child-related issues are often the most contentious aspects of a divorce. In Florida, the court can adopt a temporary parenting plan that sets forth who will live with the child while the divorce is pending and how much time the child will spend with each parent. The court can also award temporary child support to ensure the child’s needs are covered while the divorce is pending.

Temporary Orders Pertaining to Marital Property

In Florida, courts can award some marital property to one spouse while the divorce is pending. For example, one spouse may be granted exclusive use of the marital home.

Other Temporary Relief

Temporary relief can also address payment of certain expenses, such as attorney’s fees, health insurance, and utility bills.

Obtaining Temporary Relief

To receive temporary relief, a party must file a motion for temporary relief with the court. Once the motion is filed, it is served to the other party. After that, the court schedules a hearing where both parties can present evidence and arguments. The party requesting the order bears the burden of proving that circumstances exist that justify the order. The requesting party must prove this by a preponderance of the evidence – that is, it is more likely than not that circumstances exist that justify the order. If they succeed, a temporary order will be granted.

Contact Us for Legal Help

For legal help, contact a skilled divorce attorney at the Tampa Bay Legal Center, P.A., today.

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At Tampa Bay Legal Center, P.A., we care about our clients and about helping them resolve the legal issues they face in the most efficient and effective manner possible. Our law firm is led by attorney Carl J. Ohall who, for more than 25 years, has helped people throughout the Tampa area overcome legal challenges that affect their families, finances & health.

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