What is temporary relief?

Domestic & FamilyQuestions & Answers (2007)

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Summary


After a divorce action has been commenced, the spouses may need the intervention of the Court to decide immediate, short-term issues such as occupancy of the house, custody of children, payment of money for child support and spousal maintenance, etc. The Court decides these immediate issues at a court hearing known as a temporary hearing or preliminary hearing. The hearing is usually scheduled by one spouse serving and filing a written Motion which specifies the temporary relief being requested. The Motion is generally supported by written Affidavits and Financial Statements to provide the Court with information about all the circumstances, especially financial, existing at the time. The Financial Statement, sometimes referred to as an Application for Relief, may be a form specified by state law or rules of the court. The form requires a party to specify monthly income, living expenses, and other available information about assets and debts. Please see specific state for details and/or differences.

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Extract


What is temporary relief?

This is not a substitute for legal advice. An attorney must be consulted.

ALABAMA

Pending an action for divorce, the court may make an allowance for either spouse out of the property of the other spouse, considering the property and lifestyle of the parties, for a period of time not longer than necessary for the completion of the divorce case. Alabama Code 30-2-50.

While the divorce action is pending, the court may make such orders with respect to the custody of the children as their safety and well-being may require. In cases of abandonment of the husband by the wife, the husband shall be awarded the custody of the children after they are seven years of age, if he is a suitable person to have custody. Alabama Code 30-3-1.

ALASKA

At any time while a dissolution action is pending, a spouse may apply to the court for an Order for Temporary Relief to cover: 1) attorney fees and costs; 2) reasonable spousal maintenance; and 3) reasonable child support for children under age 18 and for 18 year old children who are actively pursuing a high school diploma or equivalent, or vocational training and still living as a dependent as the applicant spouse. At any time while the dissolution action is pending, a spouse may also apply to the court for protective orders to: 1) provide for the freedom of each spouse from the control of the other spouse; 2) restrain each spouse from subjecting the other to domestic violence; 3) direct one spouse to vacate the marital residence; 4) restrain a spouse from direct communication with the other spouse; 5) restrain a spouse from entering the vehicle in the possession of the other spouse; and 6) prohibit a spouse from disposing of property of either spouse without the permission of the other spouse or a court order. After a temporary hearing, if both parties agree, the court may also order that the parties engage in personal or family counseling or mediation. AS 25.24.140.

ARIZONA

In all actions for dissolution of marriage, the Clerk of Court shall, pursuant to order of the Arizona Superior Court, issue a "Preliminary Injunction" which informs both parties that they are enjoined from transferring or otherwise disposing of any of the joint or community property of the parties except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the court. The Preliminary Injunction further informs both parties that they are enjoined from harassing the other party or the children; and that they are enjoined from removing any natural or adopted child of the parties, then residing in Arizona, from the jurisdiction of the court, without the prior written consent of the parties or the permission of the court. The Preliminary Injunction shall also include a warning, in language required by the statute, that disobeying this court order may result in a finding of contempt of court or an arrest and criminal prosecution.

After a dissolution action has been commenced, the spouses may need the immediate intervention of the court to decide immediate issues such as occupancy of the house, custody of children, payment of money for child support and spousal maintenance, etc. Either party may move the court for an Order for Temporary Relief at any time after the dissolution action has been commenced. A Motion for Temporary Relief shall be accompanied by the party?s Affidavit setting forth the factual basis for the Motion and the amounts requested for support and maintenance. A party may request the court issue a Restraining Order to exclude a party from the family home upon a showing that physical or emotional harm may otherwise result. The court may issue...

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