Motion for Temporary Relief in a Divorce Case

Back to Family Law Legal Forms

IN THE CIRCUIT COURT OF CLAY COUNTY, WEST VIRGINIA

JENNY SMITH,

Plaintiff,

VS. CIVIL ACTION NO. 95-D-__

JOHN SMITH,

Defendant.

MOTION FOR TEMPORARY RELIEF

TO: THE HONORABLE JUDGE OF SAID COURT

Comes now the Plaintiff, JENNY SMITH, by her attorney, James Wilson Douglas, pursuant to West Virginia Code 48-2-13 and moves the Court to award her relief, pendente lite, as follows:

1. That Defendant be enjoined, restrained and inhibited from molesting, interfering with, or going about the Plaintiff, in any manner whatsoever, at her home, in public, or at her place of employment.

2. That Plaintiff be awarded temporary alimony.

3. That Plaintiff be awarded temporary care, custody and control of the infant child born of the parties hereto.

3. That Plaintiff be awarded temporary child support for the infant child born of the parties hereto.

4. That Plaintiff be awarded exclusive use and occupancy of the marital home located in Chloe, Calhoun County, West Virginia, during the pendency of this action. West Virginia Code 48-2-13.

5. That Plaintiff be awarded exclusive use of the furnishings contained within the marital home.

6. That the Defendant provide mandatory financial disclosures to Plaintiff's attorney pursuant to West Virginia Code 48-2-33, including copies of all State and Federal income tax returns for the past two (2) years; and that the parties be permitted to engage in discovery.

7. That the Plaintiff be awarded exclusive use and possession of the 1994 Ford Taurus.

8. That Plaintiff be awarded her attorney fees and Court costs in this action.

9. That a constructive trust be imposed upon the marital assets of the parties.

10. For such other relief as to the Court may appear proper and just.

JENNY SMITH

By Counsel

_____________________________
JAMES WILSON DOUGLAS
Attorney at Law
100 North Hill Road
Post Office Box 425
Sutton, West Virginia 26601