When a marriage goes sour, the result is often divorce. Before you finalize a divorce and discuss interim issues the married couple still needs to resolve, their relationship may become prickly. These discussion points include child custody, alimony, child support, and distribution of assets. Often, they lengthen the divorce process.
That said, most people file a motion for temporary relief, seeking the court’s request to set the ground rules on ways to resolve the divorce conflicts. Keep reading this article to learn more about the motion for temporary relief and the divorce process.
What Is a Motion for Temporary Relief?
Temporary relief is an official request made to a judge while the divorce is still pending. A temporary relief hearing allows spouses in a divorce battle to reach a short-term solution on child custody and other issues pending the divorce case finalization.
When spouses seek a divorce, either partner can contest their marriage agreements. Here, some parties can communicate effectively on their obligations, while others cannot simply agree on anything.
For instance, suppose the couple has been married for years, has kids, and has amassed multiple assets and properties. They may disagree on how to divide the property or who gets to care for the children during the process.
If the case goes to trial, it may take months before the judge finalizes his decision. The lengthy divorce process may cause stress and havoc within the family. So, instead of solving the issues amongst themselves, they are often advised to hire a lawyer and request a temporary relief hearing.
It is amazing how many states, including Minnesota, do not force individuals to wait until resolving the case to get assistance on custody and support issues. That said, Minnesota law allows spouses to hire divorce lawyers who can help file a motion for temporary relief regardless of the situation.
For example, if you consider a case where one spouse in the divorce was financially dependent on the other while married, seeking alimony or spousal support is well within their rights.
However, only the judge can award the relief based on relevant factors. These may include:
- Employment history/job potential
- Income potential
- Health and disabilities
- Ability to pay for the spouse or child support
- Standards of living during the partner’s marriage
- Health insurance benefits
- Other factors the judge may deem fit
Types of Motions for Temporary Relief
Spouses involved in a pending divorce may take the chance to ask the court for a temporary relief hearing. If mediation does not work and the partners disagree on handling their issues, the judge may preside over the different types of motions for temporary relief. Some of them include the following:
Motion for Child Support
Though the divorce is still pending, the child or children’s needs do not stop. Here, the spouse can hire a child support lawyer to file the motion for financial aid to care for the children during the divorce proceedings. The court may examine the spouse’s income potential to establish the requested child support relief.
Temporary Parental Visitation
In the case where one parent is offered sole child custody rights during the divorce proceedings, the other may request a temporary relief hearing on scheduled child visitations. It allows the other parent to have a relationship with their kids while the divorce continues.
Temporary Spousal Support
If one spouse needs financial support during the divorce, they may hire a family law professional and request temporary alimony from the other spouse.
Motion for a Restraining Order
This motion applies in most domestic violence cases raised during the divorce proceedings. The court can issue a temporary order of protection against one party, prohibiting the other from contacting the spouse seeking relief.
Temporary Freezing of Assets
Suppose the spouses in a divorce disagree on the proper division of assets. In that case, the court may prohibit either party from obtaining, selling, or hiding marital assets, including their joint bank accounts and stock reserves.
Temporary Relief Hearing Process
In seeking a motion for temporary relief, the family lawyer takes the following steps:
- File the notice detailing the motion and the reason for the temporary relief. This applies to child custody, alimony, asset division, etc.
- Write up an affidavit that discloses facts based on the motion. They also reveal the financial details of the party.
- Completing proof of service document detailing evidence that the motion filed is delivered to the opposing litigant or lawyer. Without this document, the seeking motion party does not receive their chance to argue for their temporary relief in court.
Typically, the temporary relief hearing process is simple. Attorneys from the opposing parties can argue for and against the motion based on the written affidavits. However, the process does not involve any testimony done by the parties.
Note that although the judge may have up to 90 days to make his decision in Minnesota, the court can immediately issue its decision on the motion. In contrast, for others, it may take a few weeks to receive an official, definitive answer to the motion.
Turn to CJB Law Today for Your Temporary Relief Hearing
Ending a marriage is never easy, especially if either party worries about the support system during and after the divorce. So, if you are undergoing such an issue, consider hiring a reputable Minnesota family law firm such as CJB Law to help you file the motion for temporary relief during the divorce process. Contact our legal team today for further inquiries on a temporary relief hearing.