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Family Law Advisor®
Frequently Asked Questions

If my divorce will take several months to a year or more to complete, is there any way I can get some financial help from my spouse? You can file a motion for temporary relief (pendente lite relief). The Court may consider awarding temporary custody, temporary child support, temporary alimony, temporary possession of the home place, and other issues as your case may dictate. How do I file one of these motions? You can file the motion at the same time as the Complaint for Divorce, or after the Complaint has been filed. How will the Court handle my motion? Courts vary on their procedures for handling temporary motions. You should ask your attorney how your particular county handles these motions, or call the clerk of the court for information. If the Court grants the relief I am seeking in my temporary motion, does this mean I will get the same results from my final hearing? Not necessarily. Temporary motions are just that – temporary. The Court will always have jurisdiction to enter a final judgment of divorce based upon the evidence presented at trial, if you and your spouse do not settle the case. What about temporary restraining orders? Under certain circumstances, the Court may enter orders restraining a party from various activities pending the final resolution of the divorce. Commonly, such orders are entered in cases of violence or abuse, but they may also be entered to preserve the martial estate or specific assets pending the final hearing of the case. - - Wood & Shaw, LLC

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