Filing A Motion For Temporary Relief
Posted by Gossman Law Firm, LLC || 11-Apr-2016
As your divorce proceeding is underway, if you were the lesser earning spouse during the marriage, it is understandable that there is now a struggle to make ends meet. Fortunately, there is a remedy for this. By filing a motion for temporary relief, you are making a request to the courts that you require financial assistance. The courts may also be able to issue a temporary order to handle spousal support (alimony), child support, as well as restraining orders.
How Do I Begin The Process?
First, you would need to file a motion for temporary relief while you are in the midst of a divorce or having just recently filed. Typically, when you file a complaint for divorce, you may also file the temporary relief form as well.
You may ask the judge to consider any of the following scenarios:
- Determining which parent will receive full custody, or the decision should be to award joint custody
- Which parent will be responsible for spousal support , also known as alimony, and child support payments, if necessary
- Order a freeze of assets to prevent one spouse from selling valuables or property
- Offer one or the other spouse possession of the home or vehicle
A judge will look at the many conditions involved; many factors, including your personal life, are used in consideration of motions for temporary relief. Ultimately, the judge is considering all of these elements and contemplating whether or not temporary relief is necessary. This includes evaluating the life to which you are currently accustomed. The amount of support awarded will only be used to sustain your current standard of living. All court decisions will also be made with the children’s best interests.
Should I Hire An Attorney?
If you require assistance with your temporary orders, find legal counsel from our Birmingham divorce lawyer at Gossman Law Firm, LLC. We offer our clients practical and effective solutions to some of the most complex legal matters imaginable. We know that you are facing a difficult time, and there is a lot on your plate to handle — this is why we can lift some of the burden and advocate for your best interests.