What is a Motion for Temporary Relief?
While litigation, like a divorce or child custody dispute, is pending, Michigan Court Rules allow the judge to order temporary relief. There are limits to what the judge may order. For example, the judge may not order a final property division. Spouses or parents often need a Temporary Order to establish:
- A Temporary Custody Order;
- Child support or spousal support
- Who will pay which bills while the divorce is pending;
- Who will live in the house while the divorce is pending;
- Restraining order to keep spouses’ from recklessly spending the marital funds;
- Restraining order when there is a risk of violence or stalking.
When Can You Request Temporary Relief?
Either spouse or parent can ask for a temporary order at any time. Most commonly, parties file a Motion for Temporary Relief at the beginning of the case. If you were served with a Petition for Divorce, you may have received a Motion for Temporary Relief (along with a Notice of Hearing on that motion) at the same time. Make sure you review that initial packet of documents thoroughly!
When partners or parents are cooperative at the beginning of the case, but then their relationship deteriorates, there may be a need to request temporary relief later on.
How Do You File a Motion for Temporary Relief?
If you retained an attorney, your attorney should draft the Motion for you. Most attorneys spend quite a bit of their time and resources on this motion because its outcome could really affect the overall cost of your divorce or custody case.
If you do not have an attorney, your best bet is to visit your local Legal Assistance Center. Most court buildings include a legal assistance office where you can find forms and free assistance. Before you go to the Legal Assistance Center, take a look at our blog “filing on your own” which has a lot of time and money-saving information.
What Happens After the Hearing?
Different courts have different procedures, but every court requires a written order. Sometimes the judge will write the order. Often the judge will order one of the attorneys to write the order. The written order must include everything that the judge ordered. Unfortunately, written orders are not always accurate. Michigan Court Rules have procedures in place for parties to ensure that an accurate order is entered.
When is the Best Time to Hire a Grand Rapids Divorce Lawyer?
The cost of hiring an attorney prior to the hearing is relatively low compared to the fees when you ended up with a bad result. This is especially true if the temporary order becomes a final order, and the results are permanent. If you were served with a Motion for Temporary Relief, give our Grand Rapids divorce lawyers a call at 616-285-0808 to have a discussion on how we can help you.
