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Legal Procedure

Motion

A formal written request asking the court to take a specific action or make a ruling on a particular issue in the divorce case.

Understanding Motion

Motions are the primary way attorneys communicate requests to the court. Common divorce motions include motions for temporary support, motions to compel discovery, motions for protective orders, motions to modify custody, and motions for contempt. Each motion must state the legal basis for the request and the specific relief sought. The other party has the right to file an opposition, and the court typically schedules a hearing before ruling. Emergency motions can be heard on an expedited basis.

Real-World Examples

Her attorney filed a motion for temporary spousal support, asking the court to order $2,500 per month while the divorce was pending.

Related Terms

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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.

Always consult a licensed attorney in your area for advice specific to your situation.