Unfortunately, divorce cases take longer to resolve, sometimes six months or more, and parties need to obtain temporary relief from the court to deal with urgent present problems. However, there are ways that a party can obtain temporary relief from the court while waiting for the case to be finally resolved. The law offices of West Palm Beach divorce attorney, Jessica Mishali are highly experienced in motioning the court for a temporary relief hearing. Temporary orders can be requested for the following issues:
- temporary order to freeze marital assets to stop their sale
- temporary parental responsibility orders
- temporary child-support orders
- temporary time-sharing orders
- temporary possession of the marital home (usually with the children)
- temporary spousal support (alimony)
- temporary attorneys fees and suit money
A divorce case must be initiated by the filing and service of a petition for dissolution of marriage. Before the court will schedule a temporary relief hearing, the parties must go through mediation to try to settle the immediate issues and, if possible, the entire case. We always try to make a full and complete settlement if possible.
As a general rule it is very important to complete the process of mandatory financial disclosure. We will ensure that we have received mandatory financial disclosure from the opposing party and that that disclosure is complete. Financial disclosure is extremely important because the court will be making temporary decisions concerning financial issues such as temporary child-support, temporary alimony, temporary attorneys fees and sometimes partial distribution of assets. We are aware the spouses often hide income and assets and consequently we will take all necessary steps to insure that we have an accurate financial picture.
If there is no mediation agreement with regard to the issues that require temporary relief, a party in need can obtain a temporary hearing. Unfortunately, the court will rarely schedule a hearing on an emergency basis. Courts reserve emergency hearings for issues such as child abuse and life and death issues.The law offices of West Palm Beach divorce attorney, Jessica Mishali, will fully prepare you for the temporary relief hearing if their is no settlement at mediation.Temporary Mediation Agreement
Sometimes the parties are able to negotiate a temporary settlement of temporary relief type issues. When this occurs a mediation agreement is prepared and signed by the parties and submitted to the court along with a proposed agreed order adopting the party’s temporary mediation agreement. A temporary relief order is fully enforceable whether it is agreed to by the parties or entered by the court after an evidentiery hearing. A temporary relief order can be readily enforced if the order is violated by bringing motion for contempt before the court. Also if circumstances change and additional relief is needed, a temporary order can be modified.
It is not required to retain an attorney. However, because the procedure to obtain temporary relief is technical and requires several steps, consultation with an experienced and knowledgeable attorney is highly recommended. The law offices of West Palm Beach divorce attorney, Jessica Mishali, are highly experienced, knowledgeable and aggressive in their ability to obtain highly beneficial temporary relief orders for their clients. In particular clients whose spouses have left them with little or no cash and insufficient income are in great need of temporary assistance while the case is pending.
Please call the law offices of West Palm Beach divorce attorney Jessica Mishali at (561) 833-2772 for a free consultation or contact us online.