Motion practice – Michigan divorce law and family law: For most people a “Motion” is a term from high school physics to describe the process of being moved. In government, a motion is a formal proposal to do something. Under Michigan law a motion is a formal proposal to the court.
Our attorneys use motions to ask the court to do something before a regular scheduled date. Motions can be an effective tool to obtain interim relief.
In a Michigan divorce or family law case, attorneys it is not uncommon for a motion to be filed.
For example, if a party has violated a court order, the other party may file a motion to show cause which the violation of the order to the court’s attention and the court can dispense justice.
Other common examples a Michigan divorce or family law case, is a motion to return property, for temporary custody, or interim parenting time.
Court’s typically hear motions one day a week. In Macomb county they are heard on Mondays, in Oakland County, Wednesdays and in Wayne County motions are heard on Fridays. Smaller counties hear motions when the court is available.
Like other Michigan divorce and family law hearings, motions require notice and an opportunity to be heard. Your attorney will file the Motion, along with a praecipe, notice of hearing and proof of service.
The specific rules regarding motion practice are set forth in the Michigan Court Rules section 2.119. All motions must be in writing, state with particularity the grounds on which it is based, state the relief or order sought and be signed by the party or attorney as provided in Michigan Court Rules section 2.114.
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By: Daniel Findling
Dear Sir/Madam,
I have filed divorce complain to my wife in January/2015 but later we decided to reconcile and stay together from May/9/2015 but again my wife decided to separate and I filled and submit motion form at Oakland County.
I have to go on next Wednesday but my wife said she would not come as she agree with court decision.
Now I would like to know that does motion hearing with judge means – judge will heard and approve our divorce?If the answer is no then after approving my motion what should be my next action?when will I get/approve my divorce as my wife said she would never come to the court.
Please advise of my 3 questions above.
Thank you in advance.
It is not easy to getting dicrove. It will take many hard steps and feeling guilty to shame and angry. dating is hope to find someone which you did not find in your marriage who can understands you make you smile, happy, enjoy each others company and possibly complete other half which you lost for years ago.Dating and meeting men are so difficult and hard to find true gentleman these days. it does not mean that you will not have hard bumps on the road. I would take my time to observe and listen and watch the manners of the person for a long time to introduce to my children. I would be careful to compare former husband to new comers in front of my family and children. I would never complaint the my past experiences to new person. I would be financially safe and secure. I would not accept immediate dinner dates but rather have a lunch dates for a while and lunch dates will be perfect to find out many things about men. I would not have long distance trips with person which it may backfire at you in the future unless you trust and comfortable, confidence in your heart that he is the person you can have a great chemistry and loving friendship and relationship and love and laughter and smile on your face and heart. I wish that new year bring you and family and children much happiness.. sincerely