What Are Motions In A Divorce

While your divorce is in the Court system and before the divorce is finalized, there might be several issues that need to be addressed.  In many divorces, the following issues might need resolution: temporary child support, temporary child custody, temporary spousal maintenance, attorney fees and use of the marital residence. 

If the parties cannot agree on those issues, then one party might want to file a “Motion” – which is basically a “Request” to the Court for what you are seeking.

In most cases, motions are made in writing and submitted to the Court. Once a Motion is made, your spouse and his/her attorney get to file an “Opposition” to your Motion. This is what it sounds like, your spouse is “opposing” whatever request you are making. Your spouse also has the opportunity to make what is called a “Cross-Motion”, which means that now your spouse is making their own request. Similar to Motions, “Oppositions” and “Cross-Motions” are usually made in writing.

Depending on the Judge’s rules, after an Opposition is filed, the party who filed the Motion gets to file a “Reply”. The Reply is to whatever was stated in the “opposition” and again usually made in writing.

It is important to note, that Motions can be costly. It takes time and effort for your attorney to draft the Motion.  Furthermore, depending on what is in the Motion and the Judge involved, you might not get a ruling on your Motion for weeks or even several months.

If you need to file a Motion, it is best to discuss this issue with your attorney. If you are getting divorced and need an experienced divorce attorney, call David Badanes, Esq. and the Badanes Law Office, P.C.

The Badanes Law Office has filed numerous Motions and can represent you in your divorce.  Call David Badanes or the Badanes Law Office at (631) 430-4445 or email us at david@dbnylaw.com. The Badanes Law Office has offices in Suffolk County (Northport) and Nassau County (Uniondale).

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