In any divorce, there are many different documents that need to be filed, and strategic actions that may be taken to ensure your rights and responsibilities are adequately protected and understood. One option in a divorce case is a motion for temporary relief. At a temporary hearing, the court can make decisions about financial and custody issues on a temporary basis, meaning until the final conclusion of the case. The temporary order can address issues such as who resides in the home, who is responsible for bills, what the parenting schedule will be, and whether and how much temporary spousal maintenance of child support will be paid. With such important issues being decided in this contested hearing, proper preparation is essential.
If the motion for temporary relief will address issues of financial support, your attorney will help you gather evidence of your income and expenses. While there is a fixed formula for a determination of child support, there is no such a formula for spousal maintenance. It is important to present your circumstances in a detailed way to show the judge why what you’re asking with is reasonable and fair. If issues regarding children are a part of the motion, it’s important to present facts that support your position about a temporary order for physical and legal custody and parenting time. If you have concerns about your co-parent’s ability to adequately parent your children, those concerns need to be well-documented and presented to the court.
If you have questions procedure and court hearings, let us answer them. Contact us today at (651) 371-9117 to talk about your divorce and what we can do for you.