How to File a Motion for a Temporary Order in Divorce
- Complete the appropriate paperwork – Generally, the court forms that have to be filled out will include the specific motion form, the motion fee information sheet and, if the motion is for a request for support payments, the financial disclosure form.Here, it’s important to point out that the court has distinct forms for married versus non-married parents (regarding custody and support payment requests), so be sure to select the appropriate forms (otherwise, you could create unnecessary complications or delays for your motion).
- File these documents with the court – While court documents can be filed in person at the courthouse, they can also be filed via mail or online. Be sure to make a copy of all of the documents you will be filing with the court before officially filing them.Additionally, you should be aware that, once these documents have been filed, the court will set a hearing date. If you are dealing with an emergency situation and need the hearing to occur ASAP, however, a special request can be made (and additional paperwork will need to be completed/submitted to the court).
- Make sure the other party gets served with the filed papers – This is important, as many people wrongly assume that the court will serve the other party for them. In fact, if you don’t end up serving the other party, the judge can cancel your hearing.
- Attend the motion hearing – During the hearing, the judge will question each side in the case. This will be your opportunity to explain why you filed a motion and why the judge should grant your motion.While you can try to represent yourself in these hearings, retaining an experienced lawyer can be pivotal to ensuring that your interests are protected and that you have the best chances of securing favorable rulings for your motions.
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