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A motion is a request made by a party upon which the court issues a ruling or order. The goal of temporary orders is to establish legally binding guidelines that will increase stability during a separation and the time leading up to the divorce. By filing a motion for temporary orders, your attorney is requesting that the court grant orders for you to receive the following on a temporary basis until the Court can make its ruling in the final decree:
- Maintenance
- Allocation of parental rights and responsibilities
- Child support
- Parenting time
- The use and possession of marital assets
- Payment of marital debts
- Payment of attorneys fees and costs
- Temporary restraining order
- Protective Order
In order for your attorney to file a motion, you must have a case pending before the court. You must have filed a petition for divorce, before you can request that the court issue temporary orders.
A court date is often set for temporary orders with the hope that both parties can agree, in writing, to the temporary arrangements. If an agreement is submitted to the court and becomes a court order prior to the hearing, then the court date is vacated. Temporary orders do not dictate what is contained in the permanent orders, as the scope of the temporary orders and the time allowed, is limited.
If there is an emergency situation, such as domestic violence, or if you believe that your spouse is planning to seize the assets you share, your attorney may request that the court hear your motion "ex parte.” . “Ex parte” is for temporary protection orders, or child endangerment issues. This means that the court will hear the case without giving notice to your spouse, or having your spouse present at the hearing.
If the judge or magistrate rules in a manner that you think is unfair, most courts will allow your attorney to file a motion for reconsideration or a motion for review. A motion for reconsideration will allow you to ask the court to reconsider the ruling. You still maintain the right to a trial on all disputed issues.
When making an appearance in court, it is important to always act and appear in a manner that is respectful. When speaking to the judge/magistrate, you should refer to him or her as "your honor" or "this court." If you disagree with what is being said, do not interrupt, but wait for the other party to finish and then ask the judge or magistrate for permission to speak.
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