In the Interim: Temporary Relief in Divorce Proceedings

In divorces, certain issues may need to be addressed early in the case, prior to a final resolution. In such instances, a party can bring a motion for temporary relief, sometimes called a temporary motion. Some potential issues for such motions are:

• custody

• parenting time

• child support

• who will live in the home

• who will get to use other assets such as cars.

It is important to realize that the decisions made in temporary hearings are only binding during the divorce proceeding. The final outcomes may or may not be the same. For example, one person may be allowed to live in the home during the divorce; but the other party is ultimately awarded the home in the Decree.

At the temporary relief hearing the judge or referee reviews all of the papers filed by both parties and may hear brief arguments from the parties or their attorneys. After the hearing the court makes an order that sets the rules for the parties until the divorce is final.

Temporary motions do not occur in all cases. Typically they are brought where parties cannot agree on important matters, such as parenting time or use of the home, that need to be decided while the case progresses.

To discuss temporary motions, or any family law matter, call Kruse Family Law, PLLC at 612.231.9865, or email corwin@krusefamilylaw.com.