When you’re in the middle of a divorce or custody dispute in Florida, waiting months for a final judgment can feel unbearable. It can also be impractical, especially when urgent issues like child support, custody or access to marital assets require immediate court intervention. That’s where temporary relief motions come into play.
At the Law Offices of Forrest & Forrest, PLLC, our family law attorneys routinely help clients pursue temporary relief when warranted. Below, we’ll explain what temporary relief motions are, what types of issues they can cover and when it makes sense to file one.
What is a temporary relief motion?
A temporary relief motion – also called a temporary needs motion – is a formal request asking the court to issue temporary orders that remain in effect until further resolution of your family law case. These motions are common in divorce, child custody and paternity proceedings. They can address a wide range of issues, including:
- Temporary child custody and time-sharing
- Temporary child support
- Temporary alimony
- Exclusive use of the marital home
- Payment of household expenses or debts
- Attorney’s fees and costs
These orders are not final. Rather, they’re meant to stabilize the situation and protect the interests of both parties (and any children involved) during the legal process.
When should you consider filing a temporary relief motion?
A temporary relief motion is worth considering when waiting for a final hearing could cause financial hardship, disrupt your child’s well-being, jeopardize your living situation or create safety concerns. Examples of these scenarios include:
- One parent refuses to pay child support, leaving the other struggling to cover basic expenses.
- A spouse moves out and stops contributing to the mortgage or household bills.
- There’s a dispute over who should live in the marital home.
- A parent needs immediate custody arrangements to protect a child’s well-being.
- One party is dissipating marital assets (such as selling joint property or draining joint accounts).
- There’s a need for temporary alimony to maintain basic living standards.
- One party is interfering with parenting time or withholding the child from the other parent.
In Florida, courts generally require a hearing before issuing temporary orders, unless the situation qualifies as an emergency. Emergency relief – such as a child pick-up order or ex parte custody change – requires proof of imminent harm or illegal removal of a child from the court’s jurisdiction.
What does the process look like?
To request temporary relief, your attorney will file a motion with the court outlining the specific relief you’re seeking and the reasons why it’s necessary. Supporting documentation such as financial affidavits, parenting plans or evidence of harm may be required. The court will then schedule a hearing where both parties can present their arguments. As noted above, emergency relief cases follow an expedited process but require demonstrating immediate harm.
Why legal strategy matters
Temporary relief motions can set the tone for the rest of your case. That’s why it’s important to work with a family law attorney who understands the nuances of Florida procedure and knows how to present your case effectively.
At the Law Offices of Forrest & Forrest, PLLC, our attorney team includes a board-certified specialist in marital and family law through the Florida Bar’s Board of Legal Specialization and Education. We’ve helped many South Florida families secure temporary orders that protect their rights and provide stability during difficult transitions.
If you’re facing a family law dispute and need immediate relief, call us today at 954-859-1715 or contact us online to schedule a consultation. We have offices in Boca Raton and Fort Lauderdale.