What is temporary relief?

Author:Lawcheck & Lawsonline
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 ... (see full summary)

 
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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 a Temporary Restraining Order without requiring notice to the other party only if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury will result to the moving party if no Order is issued until the time for responding has elapsed. The court may also make temporary orders regarding the property of the parties, as may be necessary under the circumstances. A Temporary Order terminates when the final decree is entered or when the Petition for Dissolution is dismissed.

ARS §25-315.

ARKANSAS

At any time while a divorce action is pending, the Arkansas courts may award to the wife or to the husband, a reasonable amount of maintenance, child support and a reasonable amount for attorney fees. The court may immediately reduce the sums so ordered to judgment and allow the party to execute upon the marital property for the payment of the allowance, except that the homestead shall not be executed upon for the payment of the ordered sum. Ark. stat. Ann. 9-12-309.

CALIFORNIA

At any time while a proceeding for dissolution of marriage is pending, the California court may order: 1) the husband or wife to pay any amount that is necessary for the support of the wife or husband, or 2) either or both parents to pay any amount necessary for the support of children. At any time during the Pendency of the action, the court may make a Temporary Custody Order. California law also provides a procedure for an Expedited Support Order which allows the court, without a hearing, to make an order requiring a parent or parents to pay child support while an action is pending. An expedited support order can be made by the court after the applicant files: 1) an Application for Expedited Child Support Order; 2) an income and expense declaration in the form required by the Family Law Rules; 3) a worksheet setting forth the basis of the amount of support requested; and 4) a proposed expedited child support order. All documents and blank copies of the Income and Expense Declaration form and blank copies for a Response must be served on the other party to be obligated by the expedited order. If there is no response to the application within 30 days, the expedited support order as requested shall be effective on the obligated parent without a court hearing and without further action by the court. Cal. Fam. Code §3600 and §3620-3634.

Family Law Rules require specific forms for a motion for temporary relief and supporting financial statements. Family Law Rules 1285.10-1285.55.

COLORADO

In a Colorado proceeding for dissolution of marriage, either party may move the court for temporary custody, temporary child support, temporary payment of debts, use of property, temporary spousal maintenance, or payment of attorney fees. The motion may be supported by an Affidavit setting forth the factual basis for the motion and the amounts requested. The court may consider the alternative of temporary joint custody of children in accordance with the best interest of the children. As a part of a motion for temporary relief, or by an independent motion accompanied by supporting Affidavit, either party may ask the court to issue a temporary injunction restraining any party from transferring or disposing of assets, enjoining a party from molesting or disturbing the peace of the other party or of any child, excluding a party from the family home upon a showing that physical or emotional harm would otherwise result, and such other relief as may be appropriate. The court may issue a temporary restraining order without requiring notice to the other party only if it finds, on the basis of the supporting Affidavit or other evidence, that irreparable injury would result in the moving party if no order were issued until the time for responding had elapsed.

A temporary order does not prejudice the rights of the party or the child which are to be determined at subsequent court hearings. A temporary order may be revoked or modified prior to the final decree. A temporary order terminates when the final decree is entered.

At the time a temporary restraining order is requested, the requesting party shall have an independent duty to disclose all knowledge of the party and the party?s attorney concerning the existence of any prior restraining orders of any court addressing, in full or in part, the subject matter of the requested restraining order. CRSA §14-10-108.

CONNECTICUT

At any time after the return day of a Complaint for Dissolution of Marriage, the court may award temporary custody, child support, and alimony. In making an award for temporary alimony, the court shall consider all factors enumerated in the statute governing the final award of alimony, except the factor of fault. The court may also award exclusive temporary use of the family home to either of the parties. At the time a motion for temporary relief is filed, the moving party shall file a sworn statement of current income, expenses, assets and liabilities, and other financial information. The opposing party shall file a similar sworn statement at least three days before the date of the hearing. The financial statement may be required to be a specific form required by the chief court administrator. C.G.S.A §46b-83 and §463, Superior Court Rules.

DELAWARE

Upon the filing of a Petition for Divorce, a preliminary injunction shall be issued against both parties to the action, enjoining them from 1) transferring or, in any way, disposing of any property except in the usual course of business or for the necessities of life; 2) molesting or disturbing the peace of the other party; 3) removing any child then residing in Delaware out of the jurisdiction of the court without the prior written consent of the parties or the permission of the court; and 4) utilizing credit cards or otherwise incurring any debt for which the other party may be liable except for necessities of life for the benefit of the party or the children. The preliminary injunction shall be effective against the Petitioner upon the filing of the Petition for Divorce and against the Respondent upon service. Either party may file a motion to request temporary relief including temporary alimony or child support, restraining the other party from transferring or disposing of assets, enjoining...

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