Do I Need A Temporary Relief Order Before My Divorce Is Final?
Divorce proceedings are as varied and unique as each of the parties involved. While you may know of people in circumstances where these matters were resolved quickly, the timeline depends on numerous factors, not the least of which is you and your former spouse’s ability to agree on issues such as the division of marital property and support for yourself or any children involved.
When these issues are a point of contention in divorce proceedings, it can feel as if you are being held hostage. With everything on hold until your divorce becomes final, it is hard to move on with your life or plan for the future. This is where a temporary relief order may come into the picture. This type of court order can provide you with legal access to certain benefits, while helping to protect your rights and assets during the divorce process.
Benefits of A Temporary Relief Order
Under Chapter 61 of the Florida State Statutes, there are established guidelines for resolving issues pertaining to marital assets, alimony, and child support during divorce proceedings. These may seem straightforward, but in more contentious situations getting both parties to agree on these matters can drag out the process for a considerable length of time, while leaving issues relevant to your day-to-day life unresolved. In these cases, your attorney may be able to file a Motion for Temporary Support and Relief, seeking a temporary decision from the court on important matters pending any permanent arrangements that are made when your divorce becomes final. Issues a temporary order may address include the following:
- Marital Assets: A temporary order can award exclusive use and possession of marital assets, including the marital home, cars, and other types of property, as well as financial assets. Having an order in place gives you the right to use this property without interference from your spouse.
- Payment of Marital Debts: If your soon-to-be ex decides to stop making payments on your mortgage, vehicle, or any other debts, a temporary order can be used as an injunction to compel them to continue making payments.
- Preventing Disposal of Marital Property: In contentious divorce proceedings, one spouse may attempt to sell or transfer ownership in property and assets to avoid having those items go to their former partner in a divorce settlement. A temporary order can act as an injunction to prevent them from doing so.
- Alimony: If you will be seeking alimony as a part of your divorce settlement, you may be entitled to temporary relief allowing you to begin receiving this money now, rather than having to wait until the divorce is final.
- Timesharing and Financial Support: If there are children involved, a temporary timesharing and parenting plan may be established, which can include provisions for how financial support is to be provided for your children.
Our Florida Divorce Attorney Can Help You Today
If you are contemplating a divorce or currently going through the process, contact our experienced Florida divorce attorney today. At the Vanessa L. Prieto Law Offices, LLC, we can advise you on actions you can take to help ensure your rights and interests are protected.
Resources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
flcourts.org/core/fileparse.php/533/urlt/947a.pdf
