A motion is a set of papers, filed by either party with the court, that gets served to the other individual involved in the divorce or separation case. Generally it is asking for some kind of relief or assistance. The court is empowered to grant temporary orders during the course of a divorce. For example, the orders can impact temporary custody of children or temporary child support. It can also be an order for the spouse who generally paid the bills, or was responsible for paying the bills, to continue to make these payments during the course of the litigation. In cases where one spouse is a stay-at-home parent while the other works everyday, this type of relief becomes important if the money making spouse decides to stop paying. That creates a financial hardship and an emergency situation that has to be addressed. The court cannot address that type of thing with a phone call. You have to make a motion.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.