What Is Motion
A motion is a written request to the court asking a judge to rule on a specific issue or take action in your case. In divorce proceedings, you file motions to address everything from temporary support payments to custody arrangements to property division disputes. The judge reviews your motion, considers the other party's response, and issues a ruling.
Types of Motions in Divorce
- Motion for Temporary Support: Requests temporary spousal support, child support, or attorney's fees while your divorce is pending. Many states require resolution within 30 to 60 days of filing.
- Motion for Temporary Custody: Establishes temporary parenting arrangements before final orders. Courts prioritize the child's best interests and consider factors like existing caregiving patterns and each parent's stability.
- Motion for Modification: Requests changes to existing support or custody orders based on changed circumstances, such as job loss or relocation.
- Motion to Compel Discovery: Forces the other party to provide documents, financial records, or answers to questions if they're avoiding disclosure.
- Motion for Attorney's Fees: Requests the court order your spouse to pay some or all of your legal costs. Judges may grant this if one party lacks resources or acted in bad faith.
- Motion for Protective Order: Restricts the other party from contacting you or approaching certain locations, used when abuse or harassment is present.
How Motions Work in Practice
You file a motion with supporting documents, typically including an affidavit (a sworn statement of facts) and legal arguments. Your spouse has a set time to respond, usually 5 to 14 days depending on state rules. The judge may rule on the paperwork alone or schedule a hearing to hear arguments from both sides.
Timing matters. In most states, filing a motion for temporary support early in the process is standard practice. For example, in California, judges often expect these motions within 30 days of separation. In New York, temporary orders are typically addressed at an initial appearance hearing within a few weeks of filing.
Common Questions
- Do I have to attend a hearing for every motion? No. Some motions are decided on the papers alone. However, judges may schedule a hearing if the issues are complex or disputed. Always prepare to attend in case the judge wants to hear from you directly.
- What happens if my spouse doesn't respond to my motion? The judge may grant your motion by default, but don't count on it. Courts prefer decisions made with input from both sides. Some judges will still hold a hearing to ensure fairness.
- Can I file a motion after the divorce is final? Yes, but only for specific reasons like modification of support or custody based on changed circumstances. Most states allow these motions indefinitely for child support but have time limits (often 3 to 5 years) for spousal support modifications.