Why Temporary Relief is so Important
Temporary relief is another way of saying "maintaining the status quo." The courthouse is a very busy place. The number of judges are limited. Most of the judges maintain a very heavy workload, which means that arranging time for your particular case could possibly mean a very long wait.
Temporary relief is a way of establishing ground rules for your case, until the judge has an opportunity to resolve all outstanding issues. A temporary relief hearing should be scheduled in front of the judge as quickly as possible after your case has been filed. The judge will give you a brief amount of time to present the most pressing issues for resolution. Usually, you will be afforded anywhere from 30 to 60 minutes for a temporary relief hearing.
Generally speaking, the most common issues that are presented at a temporary relief hearing will concern issues such as temporary time-sharing, temporary child support, temporary spousal support, temporary attorney's fees, and exclusive use of the marital residence.
Although a temporary relief hearing is brief, the significance of these proceedings should not be overlooked. The rulings which are made often times set the tone for the remainder of the proceedings.
Preparation is the key to success in any endeavor in life. Although a temporary relief ruling can always be modified by the judge, either at the final hearing or at any time previous thereto, the importance and significance of these proceedings should not be overlooked. Proper presentation of the most important facts must be presented to the judge in a clear and distinct manner. Remember, the time is limited, so you point must be made in a very concise and organize fashion.Child Support Issues
if you are seeking to establish a temporary child support award, be prepared. Come to court with a detailed and accurate financial affidavit, recent salary history, and a child support worksheet. This will enable the judge to resolve an important issue very quickly.Temporary Alimony
An award of temporary alimony is based upon the needs of the requesting spouse and the ability to pay of the other spouse. Historically, if one spouse has been the "breadwinner" for the family and the other spouse has stayed at home raising children, a temporary alimony award will essentially be a status quo type of order. The judge will order the "breadwinner" to continue what he or she has been doing historically during the marriage, until a final resolution of the case.Temporary Time-Sharing
Issues regarding the children, of course, are the most important issues in your divorce case. In order for the court to maintain stability for the children, the judge will establish a temporary time-sharing schedule, so that the children do not become involved in a "tug-of-war" with the parents.Temporary Attorneys Fees
Many times in a divorce case, one spouse will be controlling most, if not all, of the family finances. That person will be in a superior position than the other with regards to finding and hiring a divorce lawyer. The spouse with less financial resources will have an opportunity at a temporary relief hearing to have their spouse pay for their lawyer.Contact a Boca Raton Family Lawyer for Help
Divorce is never easy, though an experienced and dedicated family attorney can help walk you through every step of the process and make it as harmless as possible for you and your children. It is always important to have a lawyer who will provide zealous representation. Alan R. Burton has extensive experience in all family law matters and is dedicated to protecting clients' interests both in and out of court. Contact our office today for assistance at (954) 295-9222 or (954) 229-1660.