Temporary Relief Motions in Divorce

The Miami divorce lawyers at the Law Offices of Sandy T. Fox, P.A. represent clients in Miami-Dade and Broward Counties who need representation in a wide range of family law matters. With nearly a decade of legal experience to guide him, Mr. Fox has dedicated his career to guiding people through the process of dissolving a marriage as well as resolving related alimony, child custody, and property division matters. As a Florida Bar Board Certified specialist in Marital & Family Law, Sandy T. Fox offers comprehensive and personalized assistance that is tailored to the details of your situation.

The wheels of justice often turn slowly. Although Florida law offers a simplified divorce process for some couples, many people seeking to end their marriages may not meet the requirements for the streamlined version. Traditional divorce litigation can be a drawn-out process, particularly when spouses do not agree on issues related to their children or assets.

However, it is important to be aware that Florida law does not force people to wait until a case is completely resolved before getting some assistance. Temporary relief - or pendente lite – orders are designed to help spouses in a divorce proceeding stay afloat financially and reach some sort of short-term solution on custody and other issues while a case is pending. As the name suggests, these orders are temporary. They are also widely up to a judge’s discretion. It is important to seek the assistance of an experienced lawyer to get started on a temporary relief motion as soon as possible in the process.

For example, consider a case in which one spouse in a divorce proceeding is seeking alimony or spousal support. If the case goes to a trial, and even if it is resolved through mediation, it could be months or more until a judge makes a final decision on whether the person is entitled to support. If he or she had been largely dependent on his or her spouse prior to the split, the person seeking support may not be able to meet basic living expenses. In this situation, the person may be able to get a temporary order awarding spousal support in order to meet those needs.

The person seeking temporary relief must file a motion for such relief in court. A judge will typically hold a hearing on the motion, during which each side can present evidence and make legal arguments. The burden is on the person seeking relief to prove that he or she is entitled to it, based on what is called a “preponderance of the evidence.” This means showing that it is more likely than not that the person is entitled to the requested relief under the circumstances.

At the Law Offices of Sandy T. Fox, P.A., we have helped a number of South Florida residents obtain temporary relief via pendente lite motions or fight back against another party’s pursuit of such a motion. We work to resolve issues in divorce cases as efficiently and effectively as possible. If you are considering filing for divorce in Florida, contact the Miami divorce attorneys at the Law Offices of Sandy T. Fox, P.A. We also serve people in cities such as Aventura and Hollywood, and our lawyers are available to work directly with clients. Contact us online or call 800.596.0579 to schedule a confidential consultation with a family law attorney at no cost.