A Rhode Island divorce attorney discusses emergency motions and motions for temporary orders.
Should I file a motion for emergency relief in a RI Divorce?
A motion for temporary orders in a Rhode Island Divorce should be filed if the husband or wife is in need of temporary resolution of issues while the Divorce case is proceeding. These temporary motions typically request: temporary Child Support, Temporary Child Custody, payment / contribution to daycare, Temporary Alimony / Spousal Support, contribution to medical bills, alimony, payment of household expenses, payment of marital debts and bills, payment of the mortgage, taxes and insurance.
A motion for temporary orders can also address Child Visitation and Child Custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.
If no temporary orders enter then there is no legal obligation of a spouse to pay anything in a divorce while the case is proceeding until there is a decision by the judge or the parties sign a property settlement Agreement. However , the parties must comply with the automatic Court Orders that enter in every Divorce Case. If there are no temporary orders, the financial issues, visitation and custody issues will be up to the parties to figure out while the case is proceeding without the benefit of a Rhode Island Family Court order.
If a spouse is in urgent need of immediate help to pay the mortgage to avoid foreclosure then they should file a motion for temporary orders with the filing of the Rhode Island Divorce Complaint. If a spouse is having difficulties supporting the children then he or she should file for temporary Rhode Island Child Support. If the parties are arguing or fighting about visitation schedules, pickup and drop-offs or other Rhode Island Child Custody and Visitation issues then a motion for temporary orders should be filed with the Rhode Island Divorce. If a spouse is concerned that the other spouse will unreasonable dissipate, hide, conceal or sell marital assets then the spouse should speak to his or her Rhode Island Divorce Lawyer concerning filing a motion for temporary orders. There are hundreds perhaps thousands of adequate justifications for filing a motion for temporary orders in RI Family Court.
Should I file an Emergency Motion in Rhode Island Family Court ?
If there is an emergency in which irreparable harm will be caused if the party has to wait for a court date, then an emergency motion should be filed with the complaint. An emergency motion must either be verified under oath or be accompanied by an affidavit. The Rhode Island Divorce Attorney will bring the emergency motion to the proper judge and ask for an ex parte order. The term “ex parte” means that the other side will not be present to object.
The Rhode Island Family Court Judge will only consider the affidavit and documentation before him. If the judge signs the emergency order then it will be served by the constable along with the Divorce complaint. The Spouse seeking an emergency order must establish that there will be “irreparable harm” if the emergency relief is not granted immediately. Emergency motions should only be filed in real and serious emergencies.
These types of emergency motion typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with the Rhode Island Divorce Attorney the benefits of filing a separate case called a “Complaint Protection from Abuse” seeking a Restraining Order. Please note that the Complaint Protection from Abuse is very different from an Emergency motion. A detailed explanation of a Complaint Protection from abuse is beyond the scope of this article.
An emergency motion also could be filed if a spouse is about to permanently remove a child to another state without permission or consent of the other spouse. An emergency motion could also seek an order that a parent immediately return a child back to Rhode Island who was wrongfully or illegally taken / Kidnapped to another state. The timing of whether the divorce or Complaint Protection from Abuse case is filed first or whether they are filed simultaneously could be crucial to your case.
If an emergency motion is granted and emergency orders enter then a hearing will be set approximately 20 days to determine if the order should stay in effect while the divorce case is proceeding. At that hearing your spouse has an opportunity to contest the motion and tell his or her side of the story. At that hearing, the Court will determine whether the emergency relief will stay in effect while the divorce case proceeds. Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
David Slepkow is a Rhode Island (RI) lawyer concentrating in Divorce, Family law, Restraining Orders, DCYF, Rhode Island Child Support Law , alimony, adoption, child custody and visitation. David has been practicing since 1997 and is licensed in Rhode Island, Massachusetts and Federal Court. Free Initial Consultations.
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.