6 Times When Filing A Motion Is A Good Idea During Divorce Proceedings
Divorce proceedings can be tough to go through, and there may be a time where you need to file a motion. This is when your divorce attorney brings an issue to the judge so that it can be dealt with properly. Here are 6 situations where a motion should be filed.
Before Court Proceedings Begins
Requesting Temporary Support
If you were not the primary income earner between you and your spouse, you may be having financial issues while divorce proceedings are happening. Since financial support won't be awarded until after all divorce proceedings are finished, requesting temporary support is acceptable.
Requesting Temporary Housing
While it's possible for spouses to live with each other during divorce proceedings, there may be an issue that causes the need for temporary housing for one of you. For example. a motion can be filed for spouses to move to temporary housing if your living situation becomes hostile.
Requesting Temporary Custody
It's possible that you do not feel that your kid is safe or happy with your spouse, which would require a motion to grant temporary custody. A judge could award you temporary custody until the divorce proceedings are over, and then the official ruling would be enforced.
Requesting Restraining Orders
If your relationship is ending because of domestic abuse issues, this could be enough for a judge to grant a restraining order.
After Court Proceedings Are Finished
Child Support Is Not Being Paid
It is common for child support payments to be made directly to you by your former spouse, but there may be an issue where they can't or won't make payments. In this situation, you would need to file a motion to a judge so your former spouse is accountable. This can lead to indirect payments that are taken out of paychecks to ensure payment is made.
Child Support Needs To Be Modified
On the flip side, spouses responsible for paying child support may need a motion filed to make changes to the payments. This can be because of a change in your financial situation, such as losing your job. If you are unable to make payments due to circumstances you cannot control, this is the best option for adjusting how much you owe.
Now that you are aware of a few situations that can benefit from filing a motion in court, you will be well prepared for if they come up before or after your divorce proceedings.