Emergency Court Orders
Tip: Temporary relief often resembles the final divorce or separation judgement, so consider your request carefully even though you may be able to go back to the court later.
Divorce or legal separations may take time – a long time. You may find that you need financial support while the process is being completed. Here’s how the Court can help you by granting temporary (pendente lite) or emergency relief (ex parte).
Pendente lite or temporary relief requires filing a written request with the Court. Do this when your file your case or right after. You can ask the Court for:
- Child custody, child support or visitation
- An order prohibiting taking children from the state or country
- Permission to move away with the children
- Alimony or maintenance
- Medical or other insurance coverage for you and your children
- Payment of your attorney fees
- An order prohibiting either partner from selling marital assets – like the house!
- An order requiring an abusive spouse to move out
- An order protecting you and your children from abuse.
Ex parte is used only in emergency and doesn’t substitute for regular motions. Save it for when you learn your spouse has tickets to leave the country tomorrow or plans to change the beneficiary of a life insurance policy to someone other than you. The court will entertain an “ex parte” motion, which means you can ask for court action right away and without notifying your spouse. Once you receive the order, your spouse has the right to respond, but can’t take whatever action you feared.