Florida Temporary Relief Hearing Attorney
Receiving financial support after your divorce is filed but before the final hearing can make a world of difference. It also helps to know what is going to happen with your kids during the divorce. These types of matters can be addressed by a temporary relief order requested by a Florida temporary relief hearing attorney. Temporary relief is also known by the Latin term “Pendete lite”, which roughly translates into English to mean “awaiting the litigation” or “pending the litigation”.
Temporary relief hearings are very important in Palm Beach Divorces. Many family law lawyers consider temporary relief hearings “mini-trials” of the issues that will be considered at the final hearing. Finding the right Florida temporary relief hearing attorney is important since the lawyer must consider all facts and circumstances and present the best evidence to the Court at the hearing. A Florida temporary relief hearing attorney must also be able to identify the issues and the relevant law to support their client’s position.
Temporary Attorney’s Fees
Having adequate representation in your divorce or family law matter is important. It is unfair if one party can afford a great attorney while the other cannot. Florida Statute authorizes the award of temporary attorney’s fees while the case is ongoing based on the parties available assets and resources. This type of order is so both parties can afford an attorney and pay for litigation related expenses such as accountants and expert witnesses.
During the pendency of a divorce proceeding, the Court has the authority to order one party to pay the other spousal support or alimony. The Court will look to the income and assets of the parties in addition to their need versus ability to pay alimony. The Court will also take into consideration the support needs of the parties children. The Court can order one party pay the other party child support based on the Florida child support guidelines and relevant Florida law. It is important to have a Florida temporary relief hearing attorney who understands how to effectively present evidence to the Court about their client’s need for temporary alimony and child support. Florida family law attorney Matthew D. Martin has experience representing clients involved in divorce actions at temporary relief hearings.
Parties to a divorce are frequently left wondering how to co-parent after their divorce is filed, but before it is finalized. There are questions about when each parent gets to spend time with the child, who will transport the child to school or other activities, where the child will spend overnights, and other unique questions. During the pendency of the case these questions are oftentimes answered with a temporary relief order. An order can be entered by the Court by agreement of the parties or after holding a hearing where evidence is taken. The temporary relief order can contain provisions regarding the timesharing, parental responsibility, and other aspects of child custody.
Interim Partial Equitable Distribution
Florida Statute authorizes the Court to make a partial distribution of assets before a divorce is finalized. The equitable distribution during the pendency of the case can come through a temporary relief agreement between the parties or upon a showing of good cause to the Court. If the case warrants, a competent Florida temporary relief hearing attorney works closely with their clients to either negotiate a partial equitable distribution or they will present evidence to the Court about why a distribution is warranted before final judgment.
Standing Temporary Relief Orders
Some Florida counties enter what is known as a “Standing Order” at the time a dissolution of marriage or paternity action is filed. Standing Orders oftentimes address many of the issues that parties are concerned about during temporary relief hearings such as child relocation restrictions. If a standing order is issued in a particular case, the parties must comply with that order. Depending on the circumstances of a particular case, a Florida temporary relief hearing attorney can request a change to the terms of the standing order during the pendency of the case.
Other Temporary Relief
The Court has the authority to Order other types of temporary relief outside of those listed on this website. Such relief could include an order granting one party temporary exclusive use of a residence or an order preventing a party from wasting or depleting certain assets. A Florida temporary relief hearing attorney works closely with their clients to determine what types of relief would be appropriate to pursue. Contact Matthew D. Martin for a Free Consultation concerning your temporary relief needs. Call Now: 888-984-6487