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What Are Temporary Attorney’s Fees in the Orlando, Florida Area?

Temporary attorney’s fees are attorney’s fees that are awarded during the pendency of the proceedings. In order to receive temporary attorney’s fees during the pendency of a Marital and Family Law case such as a divorce, you must show a need for the attorney’s fees. The opposing party must have the ability to pay such fees. 

You must show a need for attorney’s fees by introducing into evidence your financial affidavit, and by your testimony regarding your financial affidavit at a hearing on temporary relief. You tell the judge how you are in deficit each month; and why you are in deficit each month. Are you in deficit after paying your bills for the month? If yes, that shows a need for attorney’s fees. Further, you must show by way of introducing the opposing party’s financial affidavit into evidence; and by their testimony that they have a surplus at the end of the month. With that surplus, they can afford to pay temporary attorney’s fees. 

You may also request fees for expert witnesses. Again, you must have the need for an expert witness and the need for the expert’s fees. Again, the opposing party must have the ability to pay for the expert’s fees. 

Temporary attorney’s fees are utilized so that the party requesting the fees can have an attorney during the proceedings and be on equal footing with the opposing party.

At a temporary relief hearing, you can also request exclusive use and possession of the marital home, temporary alimony, and temporary child support during the pendency of the litigation. 

In order to obtain temporary relief during the pendency of the case, you must file a motion for temporary relief. In order to obtain a hearing on temporary relief, you must attend mandatory mediation in Orange, Seminole, Osceola, and Volusia County before you may obtain a hearing. 

You may obtain hearing time before the General Magistrate without attending Mediation. However, the other side must agree to have the case heard before the General Magistrate. You must file a Motion of Referral to the General Magistrate and obtain an Order of Referral to the General Magistrate to accomplish that. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com

This article is for informational purposes only and does not form an attorney/client privilege.