When you’re going through a divorce in Florida, it’s easy to feel like everything is in limbo—your finances, your living situation, your parenting schedule. Divorce cases can take months or even years to resolve, but many families can’t afford to wait that long for clarity or stability. That’s where temporary relief hearings come in.
These hearings provide a legal mechanism for spouses to obtain court-ordered relief early in the divorce process, long before the final judgment. Whether you need financial support, access to your children, exclusive use of the marital home, or payment of legal fees, temporary relief can help restore order while the case is pending.
As a seasoned Tampa divorce lawyer, I often recommend temporary relief when a client needs immediate protection or resources. In this post, I’ll explain exactly what a temporary relief hearing is, what issues can be addressed, how to prepare, what to expect at the hearing, and how these orders fit into the bigger picture of your divorce.
What Is a Temporary Relief Hearing in Florida Divorce?
A temporary relief hearing—sometimes called a temporary order hearing—is a legal proceeding in which a judge decides temporary rules and arrangements for a divorcing couple. These orders remain in place until the final divorce judgment is entered.
Florida Statutes and local court rules permit either party in a divorce to file a motion for temporary relief at any point after the divorce case is filed. Once the motion is filed and served, the court will schedule a hearing and determine whether to grant temporary relief based on the evidence presented.
A Tampa divorce lawyer can help you file the appropriate motion, gather evidence, and argue your position effectively in court.
What Issues Can Be Decided at a Temporary Relief Hearing?
Temporary relief is not a one-size-fits-all concept. The court can address a wide range of urgent and interim issues, including:
1. Temporary Alimony
One spouse may need immediate financial assistance while the divorce is pending. The court can award temporary spousal support (alimony) to ensure the lower-earning spouse can pay for living expenses.
2. Temporary Child Support
Temporary child support can be ordered based on the parties’ incomes and the needs of the children, often following the Florida child support guidelines.
3. Temporary Timesharing (Custody)
If parents cannot agree on a schedule for parenting time, the court can set a temporary timesharing plan. This ensures both parents have access to the children in a way that is safe and consistent.
4. Exclusive Use of the Marital Home
If living together has become hostile or unsafe, the court can award one spouse the right to remain in the home while the other must leave. This is particularly relevant in high-conflict or domestic violence cases.
5. Payment of Marital Bills
The court can require one party to pay certain household expenses (e.g., mortgage, car payments, utilities) to maintain stability for the children or the financially dependent spouse.
6. Temporary Attorney’s Fees
A lower-income spouse may be awarded temporary attorney’s fees so they can afford legal representation and ensure fairness during the divorce.
7. Other Temporary Injunctive Relief
Courts can issue temporary injunctions to prevent certain actions, such as:
- Selling or transferring marital assets
- Changing beneficiaries on life insurance
- Harassing or contacting the other spouse
Temporary relief hearings offer real protection when clients need action before the divorce is finalized. As your Tampa divorce lawyer, I can guide you through each of these issues with precision and advocacy.
When Should You Request a Temporary Relief Hearing?
You should consider requesting temporary relief if:
- Your spouse has cut off your access to marital funds
- You or your children are unsafe in the current living situation
- You’ve been denied parenting time
- You cannot afford legal representation without assistance
- You need child support or alimony to pay your bills
- You are being threatened with eviction or foreclosure
- Your spouse is hiding, wasting, or misusing marital assets
In these scenarios, waiting for trial isn’t an option. Temporary orders can stabilize the situation and protect your rights from the outset.
How to Request Temporary Relief in Florida
1. Filing the Motion
The first step is to file a Motion for Temporary Relief with the court. This document should clearly state what you’re asking for and why.
Examples include:
- Motion for Temporary Alimony
- Motion for Temporary Timesharing and Child Support
- Motion for Exclusive Use and Possession of the Marital Home
- Motion for Temporary Injunction
Your Tampa divorce lawyer will draft the motion based on the specifics of your case.
2. Supporting Documents
You’ll need to file supporting documents such as:
- Financial affidavits
- Income records (pay stubs, tax returns)
- Expense statements
- Parenting plans
- Evidence of need or misconduct (texts, emails, witness affidavits)
These documents prove the necessity of the temporary relief you’re requesting.
3. Hearing Date
Once filed, the court will set a hearing date. Depending on the urgency, this may be a few weeks away—or sooner if there’s an emergency.
What Happens at the Temporary Relief Hearing?
The temporary relief hearing is a mini-trial, typically lasting one to two hours. Both parties—or their attorneys—will have the opportunity to present arguments, introduce evidence, and question witnesses.
Here’s what to expect:
- The judge may ask direct questions about your finances, parenting abilities, or the home environment.
- You or your attorney will need to explain why you’re requesting relief and how the other party has behaved.
- The judge will issue an order, sometimes the same day or within a few days, outlining the terms of temporary relief.
These hearings can be intense, especially when children or financial survival are at stake. Having a skilled Tampa divorce lawyer present is critical.
Do You Always Need a Hearing?
Not necessarily. Some temporary issues can be resolved through negotiation or mediation, especially when both parties are open to cooperation.
In those cases, your lawyer can help draft a stipulated temporary agreement that is signed by the judge without a formal hearing.
However, when negotiations fail—or urgency is involved—a hearing is often the only route to immediate relief.
How Long Do Temporary Orders Last?
Temporary orders remain in effect until the final judgment of divorce is entered, unless modified earlier by the court.
For example:
- A temporary alimony order lasts until the final alimony determination is made.
- A temporary timesharing schedule lasts until the court approves a permanent parenting plan.
These orders are meant to preserve the status quo, not dictate permanent outcomes. However, temporary orders can influence final decisions, especially if they prove successful or become the de facto arrangement.
That’s why you should take these hearings seriously—and why working with a knowledgeable Tampa divorce lawyer is so important from day one.
How to Prepare for a Temporary Relief Hearing
To increase your chances of success, you and your attorney should:
1. Gather Evidence
Documents such as financial records, bills, school reports, therapy notes, and communications with your spouse can strengthen your case.
2. Complete Your Financial Disclosure
Florida requires both parties to submit financial affidavits and mandatory disclosure documents. Failure to do so can delay your hearing.
3. Develop a Clear Strategy
Know what you want and why. Don’t overload the court with petty grievances. Focus on the issues that matter most: housing, support, parenting time, safety.
4. Prepare Witnesses (if needed)
If your hearing involves custody or domestic issues, a teacher, therapist, or family friend may testify on your behalf.
5. Practice Your Testimony
If you’re going to testify, your Tampa divorce lawyer will prepare you to speak clearly, calmly, and credibly. Judges respect preparation and honesty.
Can Temporary Orders Be Changed?
Yes. If circumstances change significantly, you or your lawyer can file a motion to modify temporary relief.
For example:
- A parent who was unemployed now has income
- A child’s needs have changed
- A safety concern has arisen
- A party violates the current order
Your Tampa divorce lawyer will help you file the appropriate motion and present your case for modification.
Common Mistakes to Avoid
- Failing to Prepare
Temporary hearings are short. You must be laser-focused and persuasive from the start. - Acting Out Emotionally
Judges want facts, not drama. Stay calm and let your lawyer do the heavy lifting. - Neglecting Financial Disclosures
Without the proper financial documents, your request for support may be denied or delayed. - Trying to Represent Yourself
Temporary hearings can involve complex legal arguments and evidence. Don’t go it alone. A qualified Tampa divorce lawyer can make all the difference. - Overreaching
Asking for everything (full custody, max alimony, sole home possession) without justification can make you look unreasonable.
How Temporary Relief Fits into the Bigger Picture
Temporary relief is often the first step toward final resolution. It can set the tone for the entire divorce and affect the court’s impression of each party.
A strong showing at your temporary relief hearing can:
- Establish early credibility with the judge
- Ensure financial and emotional stability during the case
- Lay the foundation for favorable permanent orders
On the flip side, if you don’t request the relief you need—or fail to present your case effectively—you may spend months struggling while your divorce moves slowly through the courts.
At The McKinney Law Group, we view temporary relief as a strategic opportunity to protect our clients from the outset. We work quickly to assess your needs, file persuasive motions, and present clear, compelling arguments that get results.
Frequently Asked Questions
Do I need a lawyer for a temporary relief hearing?
Yes. Temporary hearings involve legal arguments, cross-examination, and court procedures that can be difficult to navigate without professional help. A Tampa divorce lawyer gives you the best chance at success.
Can I get a temporary restraining order as part of this process?
Yes. If you are facing harassment or abuse, the court can issue a temporary injunction to protect you. This may be part of your motion for temporary relief or filed as a separate emergency request.
How long does it take to get a temporary relief hearing?
In Hillsborough County and the surrounding Tampa area, hearings are typically scheduled within a few weeks after filing. Emergencies may be heard sooner.
Can temporary orders be enforced like final judgments?
Yes. Temporary orders are legally binding. If your spouse violates them, your Tampa divorce lawyer can file a motion for contempt or enforcement.
What if my spouse files first and I disagree with their motion?
You can file a counter-motion for temporary relief and present your side of the story. The judge will consider both perspectives at the hearing.
Can temporary orders include access to joint accounts?
Yes. The court can give you access to marital funds or order your spouse to pay certain bills from joint accounts.
Do temporary relief hearings involve testimony from children?
Usually no. Florida courts prefer to keep children out of the courtroom. However, their interests will be represented through parenting plans and affidavits.
Can the judge deny my motion entirely?
Yes. If you don’t present enough evidence or your requests are unreasonable, the judge may deny your motion. That’s why preparation and legal representation are crucial.
Is the temporary order public record?
Yes. Like most family court proceedings in Florida, temporary orders are part of the public record unless sealed by the court.
Can we settle the temporary issues outside of court?
Yes. In fact, judges prefer it. Your Tampa divorce lawyer can help you negotiate a temporary agreement and submit it for court approval without a hearing.
Temporary relief hearings can be intimidating—but they’re also an essential tool for securing stability, safety, and fairness during your divorce. When you’re dealing with real-world issues like housing, parenting time, or paying your bills, waiting for a final hearing isn’t an option.
At The McKinney Law Group, we understand how urgent these matters are. As experienced Tampa divorce lawyers, we act quickly to get you the help you need. Whether you’re the one requesting relief or responding to a motion filed against you, we’ll prepare your case with clarity, confidence, and purpose.
If you’re ready to take control of your situation and need immediate legal help during your divorce, contact us today. Let us fight for the temporary protection you deserve—so you can focus on what matters most.
The McKinney Law Group: Tampa Divorce Lawyers Focused on Custody, Co-Parenting, and Children’s Needs
At The McKinney Law Group, we put children first. Our team helps Tampa families resolve custody and co-parenting issues with care, clarity, and a commitment to long-term success.
We assist with:
✔ Creating or modifying parenting plans and time-sharing schedules
✔ Helping parents communicate more effectively during and after divorce
✔ Negotiating child support agreements that work for both sides
✔ Protecting parental rights while reducing conflict
✔ Offering solutions for relocation, school, and holiday schedules
You want the best for your children—we’ll help you achieve it legally and practically.
Call 813-428-3400 or email [email protected] for a child-focused divorce consultation.