It is very common for a potential client to tell New Horizons Law, P.A., Michael J. Costantino, Esq. that she would like to file for divorce but that her husband has full control of all the finances; and that she has no way to support herself and her children. New Horizons Law, P.A., Michael J. Costantino, Esq. responds that in Florida divorce cases, it is possible to have a family law court award a party quite a different types of “temporary relief” which can help carry a party during the time that the divorce is pending.
As the word “temporary” implies, these orders only remain in effect for a specified time period and can be modified by the family law court if there are changes in the parties’ circumstances – and one of the parties files a motion that requests such a change.
If the temporary relief that is being requested is financial in nature and the motion is filed within 45 days of service of the Petition for Dissolution of Marriage, the requesting party has to serve several specific documents with the motion. According to Florida Family Court Rules of Procedure 12.285, these documents include a family law financial affidavit, federal and state tax returns for the past year, and pay stubs for the previous three months.
In a hearing for temporary relief, the party requesting this type of relief must establish by a preponderance of the evidence that her needs justify the type and nature of relief that she requests, with the exception of child related issues which must be decided on a best interests of the child standard.
One of the most litigious issues is related to the parties’ children. These issues can include which party has physical custody, the time-sharing schedule that the parents will have, the amount of child support the other spouse will be required to pay, as well as other parenting plan issues.
In many cases, both spouses want to remain in what was the former marital residence – so it is common for the spouses to argue over who will be awarded temporary and exclusive use and possession of the home. Often this issue will be impacted by which party is awarded temporary physical custody of the children because most family law judges understand that since the divorce process can be extremely confusing to children, uprooting them from their home can have a devastating effect on the children.
The family law court is able to award a spouse temporary spousal support. This temporary award of support will hopefully allow the spouse to continue a lifestyle which she has become accustomed to while the parties were living together. However, that is not always possible depending on the total income(s) available to the parties. The requesting spouse must establish that she has a need for alimony and that her husband has the ability to pay.
One important temporary award in one for temporary attorney fees because this allows both parties to have an equal ability to be competently represented. Other marital items of property that can be awarded include cars, boats, computers or any other item of personal property that may be necessary to one party or the other.
In a hearing for temporary relief, the party requesting this type of relief must establish by a preponderance of the evidence that her needs justify this type of relief, with exception of child related issues which must be decided on a best interests of the child standard.
New Horizons Law, P.A., Michael J. Costantino, Esq. understands the anxiety and fears that a person may have in deciding to seek a divorce. New Horizons Law, P.A., Michael J. Costantino, Esq. will fight for you to obtain the temporary relief that it necessary for you during the pendency of your divorce case.