Emergency Motion Florida Family Law and Necessary Grounds
For many, divorce in Florida and pandemonium are often interchangeable. When facing a transition of this magnitude, emotions run high and the term “emergency motion” is more widely exploited by spouses than “YOLO” and “turn’t up” are by American pop culture (hard to believe, I know). This post will focus on the subjective nature of an emergency as seen through the eyes of an individual facing divorce in Florida and why that may conflict with the definition of an emergency under Florida law.
Wrapping your head around an impending divorce isn’t easy. Even if you spent hours daydreaming about your significant other’s demise, not by your hands of course, it can be hard to reconcile that the person you planned on building a life with has morphed into someone you don’t even recognize. It’s taken some time but you’ve resolved to not live in the past and have vowed to take the high road. Sure, you may have experienced a few brief setbacks and panicked at the thought of spending the rest of your life alone; destined to end up like one of those poor old people on the Lifecall commercials… but in the end you have accepted your new life and learned that those moments are just what Xanax and Tinder were made for.
And then it happens, the event that changes the landscape of your divorce proceeding. Maybe the Mrs. has taken it upon herself to interpret division of marital property to mean gathering up all of your belongings, including your signed 1952 Mickey Mantle Topps baseball card and cuban cigar collection, and removing them from the marital home. Out to the front lawn. During a tropical storm. Or perhaps little Johnny returned from a weekend with your former soul mate talking about how much fun he had at the water park with Daddy’s new friends Bambi, Chastity and Fantasia.
Surprise! An Action You Believe Supports Bringing an Emergency Motion Most Likely Doesn’t Cut It.
You frantically call your divorce attorney and demand a court appearance, advising that you have already informed your boss you need Friday off to get a front row seat for the judge’s castigation of your ex. Your lawyer explains that, when it comes to divorce in Florida, an emergency circumstance is one in which there is imminent danger, a crisis or a situation requiring immediate and extraordinary action to which you retort, “Yeah, and?!”
As unbelievable as it may seem to someone who has just experienced such a traumatic turn of events, neither of the aforementioned scenarios will likely constitute a true emergency in the eyes of the court. This is because an emergency order is a stop gap measure until a full evidentiary hearing can take place and usually occurs with little or no notice to the opposing party; raising serious due process concerns. So unless Wifey has also liquidated her 401 k and is planning a clandestine transfer to an offshore account in the Swiss Alps or Bambi was smoking crack on the lazy river while Johnny looked on, chances are you’re SOL as far as qualifying the incident as an emergency.
Your Divorce Lawyer Should Know What Will Substantiate Bringing an Emergency Motion and Save You From Looking Like a Chump in Front of the Judge
To avoid incurring unnecessary fees and needlessly increasing the level of conflict in your divorce proceeding, it is imperative to have a skilled and knowledgeable divorce attorney fighting in your corner. A good family lawyer will manage your expectations and give you the lowdown on what does and does not qualify for bringing an emergency motion. You should feel confident knowing your attorney’s main priority is to protect your interests instead of hustle you.