What Is a Motion?
A motion is, in the most simple terms, a request, typically from one party to the judge. For example, in a criminal case, an attorney may file a motion for a directed verdict. This specific motion means that the attorney is asking the judge to issue a ruling on a specific legal issue based upon the information presented to the court. Understanding what is a motion is essential for anyone going through a divorce or family law case. However, with all the nuance that is involved in court cases, there are a lot of motions that can be filed. In family law, it is not uncommon for an attorney to file a motion to enforce, meaning that they are requesting that the court compel the other party to comply with a court order. For example, if you were ordered to pay your ex child support each month and you did not, your ex’s attorney may file a motion to enforce which would compel you to make those payments. How quickly that motion gets heard depends on Utah’s three-track court system under Rule 100A, which assigns different types of motions to different procedural timelines.
So, I Can Just Ask for…Anything?
You can ask for almost anything you want from the court, but that does not mean the court will grant every request. There are some people who are willing to take their spouse to court for every little thing. This type of behavior generally has more to do with personal reasons and less to do with any sort of legal strategy. Typically, people do this in order to run up their spouse’s legal fees and waste valuable time. If you have a pattern of taking your spouse to court over frivolous matters, there may be consequences, such as sanctions, specifically ones requiring you to pay your ex’s legal fees. So while you can ask for almost anything, you should ensure that your requests are limited and reasonable. Your attorney can help you determine whether or not what you are asking for is reasonable.
Why Did They File a Motion?
If your spouse, or the lawyer representing your spouse, has filed a motion, you may be wondering why that happened. Motions can be part of a legal strategy so it is possible that the motion was filed for tactical reasons. The motion may also have been filed because your spouse is genuinely seeking what they are asking for. Another reason a motion may have been filed is to modify an existing order that is no longer working for one or both of you. There is a lot of legal jargon, especially in divorce cases, and you may not immediately understand what your ex is asking for or why they are even asking in the first place. Your attorney can help explain these things to you. Your attorney may also be able to help you understand whether or not it is likely that your ex is going to get what they are asking for in the motion that was filed.
Should I Worry about a Motion?
With all the nuances surrounding family law, it is difficult to tell someone definitively whether or not they should worry about the motion the opposing counsel just filed. Questions about whether or not you should be concerned in your specific situation would be better suited for an attorney who knows the ins and outs of your case. However, there are some things that you can do to avoid “scary motions.” First and foremost: follow all court orders. If you have been ordered to do something specific in your court order, you need to do it. Even though you may not agree with everything in a court order, you still have to follow the rules. Just because there will not be immediate consequences for violating an order in many proceedings, does not mean that it is a good idea, especially if your actions have a high likelihood of being discovered. If there is a court order that you do not understand, you need to ask the court for more information.
Can You Undo a Motion?
Whether or not you can “undo” a motion depends on what you mean by that. You cannot prevent your ex from filing a motion, for example. There is no motion-to-not-allow-my-ex-to-file-their-motion. However, you can file a motion in response to theirs. If you have filed a motion, and you no longer want to file that motion, you can withdraw your motion. Legal strategies do change often, so what may have been appropriate at one time may no longer be suitable at another time. Motions may also be withdrawn because the parties have reached an agreement, or the motion has become unlikely to be granted, etc. There may be many reasons why a motion would be withdrawn. If you are considering withdrawing a motion, it would be best to discuss this with your attorney first.
When You Need Legal Advice
A Motion Is a Formal Request to the Court
In a legal case, a motion is simply a formal request asking the judge to make a decision or take a specific action. Instead of waiting for the entire case to conclude, a party can file a motion to resolve a particular issue along the way. Motions are one of the main tools that move a divorce case forward.
Common Motions in Divorce
Several types of motions come up often in family law, including:
- Temporary orders for custody, support, or use of the home while the case is pending.
- A motion to compel, asking the court to require the other side to share information.
- A motion to modify, requesting a change to an existing order.
- A motion to enforce, asking the court to make a party comply with an order.
Each addresses a specific need that cannot wait for the final decree.
How the Motion Process Works
To bring a motion, a party files it in writing, usually with supporting documents, and serves it on the other side. The other party can respond, and the judge may decide based on the papers or hold a hearing. Following the court’s rules and deadlines closely is essential, because mistakes can delay or doom a motion.
Getting Motions Right
Well-prepared motions can protect your interests at key moments in your case. Because the rules are technical, having professional help makes a real difference. A Salt Lake City divorce attorney can prepare and argue motions on your behalf. Contact our team for help with your case.
Frequently Asked Questions
What is a motion in a divorce case?
It is a formal request asking the judge to decide a specific issue, such as temporary support or enforcing an order, before the case ends.
Do I need a hearing for every motion?
Not always. A judge may rule based on the written filings, or may schedule a hearing depending on the issue and local rules.
If you have questions about what is a motion in your case, or if you are filing for divorce, CoilLaw is here for you. If you are going through the divorce process, and you need legal advice to get the best outcome possible, contact us today to schedule your initial consultation.
