Temporary Relief Orders in a Florida Divorce

While many individuals going through a divorce would naturally like the process to be over almost instantaneously, the reality is that a typical dissolution of marriage case involving contested issues (such as disputes over the division of the marital estate, alimony, amount of child support, parental responsibility or time sharing with the children) may take several months to resolve—or in some instances more than a year depending on the parties and the facts of the case.

Temporary relief orders (also called “pendente lite orders”) are interim orders made by the court prior to your divorce being finalized. Temporary orders may establish interim parenting plan arrangements, control or management of assets, alimony, and temporary attorneys’ fees, child support obligations, or even restraining orders. The function of these interim orders is to protect the parties and the status quo and provide for the financial needs of the lower-earning spouse during a pending divorce. Pendente lite orders are also intended to provide for stable co-parenting arrangements until a long-term parenting plan can either be negotiated by the parties or developed by the court.

Many scenarios may require interim court intervention, including but not limited to the following situations:

• The other parent will not cooperate in providing information or accepting input about your children.
• The other parent threatens to relocate locally to ensure the children attend a different school.
• You or your children are the victims of domestic violence or abuse.
• The other parent is not cooperating with your efforts to share time with your children.
• The spouse who remains in the marital home with the children cannot afford to make the mortgage payments.
• A spouse is engaged in waste or otherwise diverting marital assets.
• The other spouse is the sole or high-wage earner in the marriage, creating an inequitable distribution of financial resources for monthly financial support or for retaining an attorney. (One of the more common of the listed scenarios is when a financially dependent spouse seeks alimony pendente lite and suit money pursuant to section 61.071, Florida Statutes).
• A parent who is not financially supporting his or her children.

The above are just a few common situations that may arise in a divorce where interim orders are appropriate and routinely made by a family court. The relief sought to remedy the above situations may be requested either in a party’s initial pleadings or by separate motion. Keep in mind, however, that if your divorce case is in Palm Beach County, the court will first require the parties to attend mediation prior to the court hearing a party’s motion for temporary relief unless your situation is deemed an emergency that requires the court’s immediate attention.

Mr. Cunha and his legal team recognize that a divorce can feel like it takes an eternity. We will work diligently so that you have appropriate orders for temporary relief to provide stability and financial security while your divorce is ongoing. However, we understand that the dynamics established by interim orders with regard to custody, support obligations, and the control and management of assets frequently have a substantial long-term impact on the outcome of your divorce. Because we understand the important connection between interim orders and a divorce judgment, Mr. Cunha is prepared to promptly file motions seeking temporary relief and provide persuasive advocacy in court.