TODAY is the day of your Temporary Relief Hearing!
You have filed your divorce, had service made on your spouse, attended temporary mediation – which failed miserably, and NOW you have to see the Judge!
What do you do? Well – hopefully you have a great lawyer and he or she have fully prepared for the hearing, you have met with the attorney and have been briefed on the hearing! This is what will take place:
1. Make sure you have three copies of your most current financial affidavit (FA), filed with the court, as well as three from your spouse. Mark these as Exhibits 1 & 2, with the date of the hearing, the case number and some room for the judge to note if the papers are “admitted into evidence.” Have three copies of your Motion for Temporary Relief and make sure you read it so you know what you have asked for – the court is only going to be allowed to grant what you ask – and if you don’t ask – you will not get it.
2. Prepare a ONE PAGE Exhibit entitled “Temporary Relief Requested by Wife” (or Husband – as the case may be). Under the heading make sure you have certain important facts. The date of the marriage, how many children, and most important, a list of what you are asking for – and under each item a summary of the evidence supporting the request. This way the court has a “cheat sheet” to follow along with – and at the end of the hearing, the judge has something to go by when ruling.
3. In most cases, you should attempt to take the stand first. Do not call your spouse to support your case as it will only be argumentative. Go through your FA and your spouses and briefly point out the money situation and what you need, as well as what the spouse can afford. Make you case for the amount you NEED – not the amount you would like. Tell the court briefly why it will be hard for the kids to split their time as they have school, sports, clubs, etc. Try to work out time sahring before the hearing or you will spend all your hearing time arguing this issue and get NO money.
4. Make sure your attorney puts in a written estimate breaking down what you fees and costs will be – so the judge can award fees and costs, and point out where your spouse can get the money from.
5. Talk Fast!
6. Bring a proposed Order with you and stamped envelopes. Make sure there are blanks for the amounts in the order. Orders that are given to judges at hearings typically get signed and returned quickly!
If you find yourself in such a position it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at info@jla.legal for further information and assistance. We try our very best to respond immediately.
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