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Motions, A Polite Way To Ask

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Published: 10Jul2009
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A motion is what is filed when you want the court to do something that doesn't require proof. Some common motions are discussed below:

1. Motion For Provisional Order:

In most cases, a couple has to wait for a time after they file their divorce petition before the court can end their marriage. While they are waiting, one of them may have to get temporary relief from the court. Children have to be supported, and sometimes it has to be decided who will have custody for the time being. The use of the marital residence and other property may have to be established to keep the peace.

In situations where violence is a factor, a "Protective Order" may be entered. To ask that the court schedule time to hear evidence on these things, you would file a "Motion For Provisional Hearing". The court will issue an order setting a time for evidence to be presented. Any order the court enters before the final hearing is only good until the decree is entered.

2. Motion For Continuance:

Sometimes, the court sets a hearing and for whatever reason, the parties or one of their attorneys needs to change the time. Courts are generally patient with these requests unless they are made too frequently and without good reason.

3. Motion For Final Hearing:

When the waiting period between the filing of the divorce petition and the time the divorce can be granted is up, the court needs to schedule a time on its calendar to hear the case. To ask the court to do this, the parties file a "Motion For Final Hearing". If the case is complicated, it could be a long time before the judge can find enough time to hear it.

4. Motion Nunc Pro Tunc:

If the court order has a clarical error in it, you would ask the court to correct it by filing a "Motion Nunc Pro Tunc." Examples of this kind of error would be if the judge writes something different then he / she said in court, or one of the parties' names was misspelled.

5. Motion To Correct Errors:

Sometimes, if you believe the judge made an error in your decree, you can get him / her to change the order by filing a "Motion To Correct Errors". Judges don't do this very often, and in many cases, filing this motion is a waste of time. This is to say, your lawyer may advise just going straight to the appellate court. However, if the error is one that was clearly addressed in your favor by a higher court, the trial judge may be prevailed on to mend his / her evil ways. After all, no judge really likes being reversed.

Lucille Uttermohlen has been a family law attorney for 27 years. If you want clear divorce information, visit Lucille at her web site http://www.couple-or-not.com

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