Family court has their own set of unique issues, such as child custody, child support, alimony, and distribution of marital assets and property. Resolving these issues can be a lengthy and emotional process, but most people can’t wait a long period of time for a resolution. This is why some people file for a motion of temporary relief with the court. With a temporary relief request, you may ask the courts to freeze your spouse’s assets, remove your name from a life insurance policy, or maintain payment of household bills.
Temporary reliefs require a special hearing that provides an impermanent solution based on the circumstances and are typically resolved through settlement negotiations or mediation. When a judge grants a motion for temporary relief, the order will only remain in effect until the formal proceedings are completed.
Temporary Relief Petition
When filing for a relief petition, you must explain why the court needs to grant your request. Some states will require that you attach additional proof of your allegations, such as sworn affidavits by witnesses, or any other records available. While the exact procedure and requirements will vary by state, generally you file your petition with the court where the divorce is pending, and a hearing date is assigned. In most cases, you must notify the opposing party of your petition and hearing date, as well as provide proof to the court that you made the notification. After the hearing, the court will only approve the relief if it agrees that your request is fair and appropriate.
Here are the most common motions for temporary relief:
Motion for Child Support. A parent receives temporary financial support for any children under 18 years of age.
Motion for Child Custody. The court grants one party both physical and legal custody of any children involved in the divorce.
Motion for Alimony. Based on a party’s necessity and financial circumstances, one party is granted spousal support by the court.
Motion to Freeze Assets. The court prohibits either party from selling, obtaining, or hiding marital assets. This includes bank accounts, pensions, and stock investments.
Motion for Restraining Order. An order of protection is issued against one party that prohibits them from contacting or coming within a specific distance of the other party.
Motion for Removing Children. The court issues an order to prevent one parent from taking a child out of a city, county, or state for the purposes of hiding the child from the other parent.
Motion for Exclusive Use of Marital Home. The court grants one spouse the exclusive right to live in the marital home during the divorce proceedings.
Types of Relief
Types of relief vary by state, and they each have different effects. For example, injunctive relief can include freezing bank accounts or preventing the removal of personal property from the marital home. If you need money, you may be able to get an order requiring payments on the mortgage, alimony, or child support until a more permanent order can be issued. Some courts may also consider restraining orders or emergency custody. In emergencies, the court may be able to issue an order without your spouse being present. This type of relief is called ex parte and is only granted temporarily to prevent irreparable harm (financial, health-related, etc.) before a hearing. There are many different types of reliefs based on state and circumstances. When filing for a relief, it is important to consider seeking professional legal counsel.
Contact Rieger, LLP Today
Divorce is never easy, but the attorneys at Rieger, LLP can help you through the complicated and overwhelming process. When filing a relief, it is important to properly complete all required documents. Any mistake can delay the process or ensure denial of your request. If you need help filing a motion for temporary relief, please contact Rieger, LLP at (516) 280-8880 to speak with an experienced Garden City, NY divorce lawyer. We have the experience and the legal expertise in family law to give you the best chance to obtain the relief you need.