Common Divorce Motions

Motions are requests for the Court to order some sort of relief. During the early stages of a case, litigants frequently file pre-trial motions, called pendente lite motions, which literally means “pending the trial.” These motions may seek custody or parenting plan orders, child support and spousal maintenance, counsel fees, exclusive occupancy of the marital home or any other reasonable pendente lite request.

While motions are usually written, the Court may allow oral motions – either by themselves or to supplement the written pleadings. The judge will then issue a decision granting or denying the relief request or “take the matter under advisement” which means he or she will send a written order subsequent to the motions session.

Whenever a litigant wishes to present a motion (request) to the judge, that party must contact the Court to obtain a hearing date. One week before the scheduled hearing, rules state that the opposing party must receive written notice of the date and time for which the matter will be presented to the Judge.

Our attorneys make it a priority to know your judge before we file motions looking for relief from the Court, and although the rules of equitable distribution always rule, we tailor your representation in order to help the judge rule in your favor. The most common motions we file on our clients behalf are:

Motion for Allowance (spousal maintenance)
Motion for Legal Fees
Motion for Continuance (delay of a hearing or trial)
Motion for Mental Examination
Motion for Protective Order (restraining order)
Motion for Partial Dissolution of Restraining Order
Motion for Sanctions (Under Rule 11)
Motion for Short Order of Notice
Motion for Expedited Hearing
Motion for Temporary Orders
Motion to Vacate the Marital Home
Motion for Drug Test (hair follicle or urine)
Motion for Random Testing (drugs or alcohol)
Motion for Appointment of an Expert
Motion for Appointment of Discovery or Real Estate Master
Motion for Trustee Process
Motion to Appoint Guardian Ad Litem
Motion to Approve QDRO
Motion to Attach Real Estate
Motion to Compel Sale of Real Estate
Motion to Compel (compliance with discovery requests)
Motion to Impound
Motion to Maintain Insurance
Motion to Modify Temporary Orders (restrict overnight visitors in front of children, etc.)
Motion to Remove Personal Property From the Home
Motion to Restrain Removal of Children from the State
Motion to Strike Portions of Testimony
Motion to Waive Attendance of Parent Education Class
Motion for Alternative Service