What does filing a motion mean in divorce?
A motion is a legal action your divorce attorney uses in order to get your particular issue into a courtroom and in front of a judge. For instance, once you file your original petition for divorce your attorney may file a motion with the court requesting an order for temporary child support.
What is stay order in divorce case?
A stay order is a temporary stoppage or postponing of a judicial proceeding. This stoppage does not mean that the said order has become invalid. If you wish to postpone your divorce proceedings you can make an application to the High Court of your state.
Is there advantage to filing for divorce first?
Possible legal benefits of filing first One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.
What happens when a motion is filed?
When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.