Why Temporary Relief Matters
A Florida divorce can take months or even years to reach a final judgment. During that time, families still need financial support, children still need stable schedules, and property still needs protection. Pendente lite orders -- Latin for "pending the litigation" -- address these urgent needs while the case works its way through the system.
Temporary relief is not a preview of the final outcome. Courts apply a different analysis when entering temporary orders, and both parties should understand that temporary arrangements may change substantially in the final judgment.
Types of Temporary Relief Available
Florida family courts have broad authority to enter temporary orders addressing virtually every aspect of a pending divorce. The most common forms of temporary relief include:
- Temporary support (alimony and child support). The court may order one spouse to pay temporary alimony and child support to maintain the status quo during litigation. Temporary alimony is governed by Florida Statute 61.071, and temporary child support follows the guidelines under Florida Statute 61.30.
- Temporary time-sharing. When parents cannot agree on a parenting schedule during the divorce, the court can establish a temporary time-sharing plan under Florida Statute 61.13. The best interest of the child standard applies.
- Exclusive use and possession of the marital home. The court may award one spouse exclusive use of the marital residence during the pendency of the case, particularly when both parties remaining in the home creates conflict that is harmful to the children or to one of the spouses.
- Temporary attorney's fees and costs. Under Florida Statute 61.16, the court may order one spouse to pay the other's reasonable attorney's fees and costs on a temporary basis, ensuring that both parties have the ability to litigate the case effectively.
- Temporary injunctions. Courts routinely enter mutual restraining orders preventing both parties from dissipating marital assets, harassing each other, or removing children from the jurisdiction.
The Standard Temporary Injunction
When a divorce petition is filed in Florida, the court typically enters a standing temporary injunction under Florida Family Law Rule of Procedure 12.610. This injunction generally prohibits both parties from:
- Disposing of, concealing, or dissipating marital assets outside the ordinary course of business
- Making extraordinary expenditures without court approval or the other party's written consent
- Canceling or modifying insurance policies, including health, auto, and life insurance
- Relocating minor children outside the state without court permission or a written agreement
- Harassing, threatening, or engaging in acts of domestic violence against the other party
Violation of this injunction constitutes contempt of court and can result in sanctions, including attorney's fees, fines, and incarceration.
Emergency Motions: When You Cannot Wait
Some situations require immediate judicial intervention. Florida courts allow parties to file emergency motions when there is an imminent threat of harm that cannot wait for a regularly scheduled hearing. Common grounds for emergency motions include:
- Domestic violence or credible threats of violence against a spouse or child
- Imminent dissipation of marital assets, such as a spouse attempting to empty bank accounts, transfer property, or flee the jurisdiction with assets
- A parent threatening to relocate with the children without authorization
- Substance abuse or other conduct placing the children in immediate danger
- Failure to provide for basic needs of the children or a dependent spouse
To obtain emergency relief, the moving party must file a verified motion or affidavit demonstrating that immediate and irreparable injury, loss, or damage will result from the delay of waiting for a regular hearing. The court may initially enter an order on an ex parte basis (without the other party present), but a full hearing must be scheduled promptly, typically within 15 days.
How Temporary Orders Differ from Final Orders
Understanding the distinction between temporary and final orders is critical for managing expectations:
- Temporary orders are not precedent. The fact that one parent received majority time-sharing temporarily does not guarantee the same result in the final judgment.
- The evidentiary standard is lower. Temporary hearings are often decided based on affidavits, proffers, and limited testimony rather than a full evidentiary hearing.
- Temporary orders are modifiable. Either party can seek modification of a temporary order by showing a change in circumstances or new information.
- Temporary orders terminate when the final judgment is entered, unless specifically incorporated into the final order.
- Retroactive adjustment is possible. The final judgment may retroactively credit or adjust amounts paid under temporary support orders.
Filing for Temporary Relief
The procedure for seeking temporary relief generally involves:
- Filing a motion with the court specifying the relief requested and the factual and legal basis for the request
- Serving the motion on the opposing party with adequate notice (unless seeking emergency ex parte relief)
- Attending a hearing where both parties present argument and, in some cases, limited testimony
- Receiving the order from the court, which is immediately enforceable
In the Fourth Judicial Circuit (Duval, Clay, and Nassau Counties), local administrative orders may impose specific scheduling requirements and procedures for temporary relief hearings. Familiarity with local practice is essential.
Practical Considerations
When seeking or responding to a motion for temporary relief, keep several practical considerations in mind:
- Documentation is essential. Gather financial records, communications, and evidence supporting your position before the hearing.
- Temporary orders set the tone. While not binding on the final outcome, temporary orders often influence settlement negotiations and the trajectory of the case.
- Compliance is mandatory. Violating a temporary order, even one you believe is unfair, exposes you to contempt proceedings. The proper remedy is to seek modification through the court.
- Act promptly. Delay in seeking temporary relief can undermine your position, particularly when children's safety or financial security is at stake.
Temporary relief serves a vital function in Florida divorce proceedings. It provides stability during an inherently unstable period and ensures that both parties and their children are protected while the court works toward a final resolution.