Florida Motion for Temporary Relief: Emergency Court Orders During Divorce (2026 Guide)

What Is a Motion for Temporary Relief?

When you can't wait months for your divorce to finalize, a Motion for Temporary Relief gets you emergency court orders that remain in effect while your case is pending.

These "pendente lite" (Latin for "pending the litigation") orders address urgent issues like:

• Temporary child support
• Temporary spousal support (alimony pendente lite)
• Temporary time-sharing/custody
• Exclusive use of the marital home
• Payment of bills and expenses
• Attorney's fees

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When Do You Need Temporary Relief?

Common Situations

Financial emergency:

• Your spouse cut off access to bank accounts
• You have no money for bills or necessities
• Your spouse stopped paying the mortgage
• You need support while the divorce is pending

Custody emergency:

• You need a temporary parenting schedule
• Your spouse is interfering with your time with the children
• You're concerned about the children's safety
• You need to prevent unauthorized relocation

Housing emergency:

• You need exclusive use of the marital home
• Your spouse is making the home environment unbearable
• You need an order determining who stays and who goes

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Types of Temporary Orders Available

1. Temporary Child Support

The court can order one parent to pay child support immediately, using Florida's guidelines. This ensures children are supported during the divorce process.

2. Temporary Alimony (Alimony Pendente Lite)

If one spouse lacks income to meet basic needs during the divorce, the court can order temporary spousal support. This is separate from the final alimony determination (durational, rehabilitative, or bridge-the-gap) made at judgment.

3. Temporary Time-Sharing

The court establishes a temporary parenting schedule that remains in effect until the final judgment. This prevents chaos and ensures both parents have structured time with children.

4. Exclusive Use of Marital Home

One spouse can be granted exclusive possession of the marital home during the divorce. The other spouse must vacate (even if their name is on the deed).

5. Payment of Marital Debts

The court can order who pays the mortgage, car payments, insurance, utilities, and other marital debts while the divorce is pending.

6. Attorney's Fees

If one spouse has significantly more resources, the court can order them to contribute to the other spouse's attorney's fees for the divorce.

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How to File a Motion for Temporary Relief

Step 1: Prepare the Motion

Your motion must:

• State the specific relief you're requesting
• Explain why temporary orders are necessary
• Include a supporting memorandum of law
• Propose specific orders you want the court to enter

Step 2: File with the Court

File the motion in your pending divorce case (or simultaneously with filing for divorce).

Step 3: Set the Hearing

• File a Notice of Hearing
• Coordinate with the court to get a hearing date
• Hearings are typically scheduled within 2-4 weeks

Step 4: Serve the Other Party

The other spouse must receive:

• Copy of the motion
• Notice of hearing
• At least 5 days notice before the hearing (longer for certain motions)

Step 5: Attend the Hearing

At the hearing (usually remote via Zoom):

• Present your case
• Provide evidence (financial affidavits, documents)
• The judge will rule, often from the bench

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Emergency vs. Regular Temporary Relief

Regular Motion for Temporary Relief

• Requires standard notice to the other party
• Hearing set within 2-4 weeks
• Used for most situations

Emergency Motion (Ex Parte)

For true emergencies, you may seek emergency orders without the other party present:

• Immediate risk of harm to children
• Domestic violence situations
• Imminent asset dissipation
• Other urgent circumstances

Important: Ex parte orders are temporary and require a follow-up hearing where the other party can respond.

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What Evidence Do You Need?

For Temporary Support (Child or Spousal)

• Both parties' Financial Affidavits
• Pay stubs and income documentation
• Monthly expense breakdown
• Tax returns

For Temporary Custody

• Existing parenting arrangements
• Each parent's work schedule
• Children's school and activity schedules
• Any safety concerns (documented)

For Exclusive Home Use

• Evidence of why you need exclusive possession
• Who pays the mortgage/rent
• Evidence of harassment or safety concerns
• Children's living situation

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Timeline for Temporary Relief

Emergency Timeline

For true emergencies:

• Same-day or next-day filing
• Emergency hearing within 24-72 hours (if ex parte)
• Follow-up hearing within 15 days

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How Long Do Temporary Orders Last?

Temporary orders remain in effect until:

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Temporary Relief Costs

Our Flat-Fee Service

Motion for Temporary Relief: $995

Includes:

• Motion for Temporary Relief
• Supporting memorandum of law
• Notice of hearing
• E-Filing with the court
• Remote hearing representation
• Proposed temporary order

Hourly Alternative

Traditional hourly billing for temporary relief:

• $2,000-$5,000+ depending on complexity
• No cost certainty

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Common Mistakes to Avoid

1. Waiting Too Long

Temporary relief is for urgent situations. If you wait months, the court may question how "urgent" your need really is.

2. Asking for Too Much

Judges are skeptical of unreasonable requests. Ask for what you actually need, not a wish list.

3. Insufficient Financial Documentation

Temporary support decisions are based on Financial Affidavits. Incomplete or inaccurate affidavits hurt your credibility.

4. Not Preparing for the Hearing

Temporary relief hearings are real court proceedings. Prepare your testimony, organize your evidence, and know what you're asking for.

5. DIY Filing Errors

Motions with procedural errors get denied or delayed. Proper formatting and service matter.

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Get the Temporary Orders You Need

You shouldn't have to wait months for financial support or custody arrangements. At Divorce.law:

• $995 flat fee for complete temporary relief motion
• 24-48 hour filing
• Remote hearing representation included
• Statewide Florida service

Don't suffer while your divorce is pending.