What’s a Motion?

Posted by admin on April 27th, 2006

Motions are used for many requests during court trials and hearings, with divorce cases many times motions for temporary support and fees will be filed if one party needs temporary alimony, child support, or perhaps even for their attorney fees. Motions in general are heard between the times the original petition is filed all they way to the final hearing. Motions are actually hearings with in hearings in that the judge will schedule a brief hearing to grant or deny the motion requested and hear short arguments as to why or why not the motion should carry.

Filing for a divorce is a much longer process and is often filled with motions, because the two parties cannot agree so it takes even longer settle the divorce. Most divorces are filed as no fault which is the quickest way to settle a divorce. But if a divorce is filed as a fault divorce it can take quit some time to settle because in this case the fault has to be proven and there will be even more motions used because of the time of the case.

The divorce process begins with one party receiving papers usually by a sheriff or process server indicating that a divorce has been filed. Usually, motions are filed along with the complaint for divorce. The motions are for temporary orders then motions are generally will be heard within a few weeks, which require that both parties and their attorneys head off to court for the better part of a day.

They will first meet with their lawyers and try to come to an agreement on the motions. If the parties cannot agree, then the matter will be heard by a judge who will most likely try to push the parties to an agreement by making an indication of how they will more than likely rule on the motions and if they still cannot come to an agreement, then the judge will make a ruling.

Eventually, if the matter is not settled, after several attempts it will proceed to a hearing and a judge will decide how to divide up the assets. While it is not the quickest or even the best way to get divorced, unfortunately sometimes it turns out to be the only way. Motions are also used for other reasons such as when there are issues about temporary custody of children and where they will live and child support until a finial decree is entered.

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