Motions: this is a form directed to the court which can be written for specific orders. Either party can file a motion in a divorce case at any time while the case is open, and can seek modification of certain types of orders after the case is closed. The party who is filing the motion is referred to as the moving party and the other is the opposing party. Motions are often filed to resolve the disputed issues in a case where the parties may be in agreement with most other matters surrounding their marriage. This allows the court to render a decision on the disputed issues, and the parties can then sign an agreement resolving the remaining issues.
Property possession Orders: Sometimes it is necessary for one party to obtain an order allowing them temporary use and/or possession of an asset, pending the final outcome of the proceeding. In this situation, a motion can be filed seeking a temporary order from the court to formally give them the exclusive right of possession and use of such property.
Debt payment Orders: These orders are to obtain a decision by the court that will require one party or another, or both, to make payments on certain debts or obligations until the issues are resolved. Sometimes one party may be ordered by the court to make the car payment on a car that the other party actually has in their possession. Often these types of orders are rendered when there is a large discrepancy in the parties’ incomes which make it a severe hardship on one of the parties to make payments on certain debts after the parties’ separation.
Move-out/Move-away Orders: These orders can be difficult to obtain. In particular, move-out orders are rarely issued by the court unless there has been domestic violence. Move-away orders are usually sought when one parent who has custody of a child wants to move with the child, usually out-of-state or a substantial distance from the other parent.