An ex parte order is governed by MCR 3.207 and is an order submitted to the court without hearing from the other side. There are two common ex parte orders entered in a Michigan divorce case. The first is called a financial status quo order and the second is a restraining order regarding property transfer.
An ex parte motion is an order signed by the court without a hearing. An order signed without a hearing is rare in the courts. Ex parte motions and orders are rare because the other party doesn’t have an opportunity to be heard or defend their actions. The Michigan court rule that controls ex parte orders is MCR 3.207.Apr 4, 2018
Typically, an order is entered after the court has an opportunity to hear from both parties. An Ex Parte order is different because the order is entered first and the hearing is set for another date should the other party object.
Ex Parte Status Quo Order
A status quo order typically involves finances. The status quo order requires both parties to continue to contribute to all financial obligations such as payment of the mortgage, insurance, groceries and provide both parties with access to cash and credit in the same manner as prior to filing of the divorce.
While it is inevitable in every divorce that things change, financial status quo ensures that financial access and bill payment remains the same, at least for the short term as the statutory waiting period for a divorce without minor children is 60 days and with minor children is 180 days.
An ex parte restraining order typically involves property transfer. The Order restrains the parties from making any extra-ordinary financial decisions without the consent of the other party.
An ex parte status quo order and ex parte restraining order against property transfer are commonplace in Michigan divorce filings. Should the other party object to the entry of the order, they are provided an opportunity to do so. However, pending a hearing, the orders remain in full force and effect.
It is important to remember that a court speaks through its orders so if a party violates a status quo order or mutual restraining order (even if you object to the ex parte order) the violation is subject to the court’s power of contempt.
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By: Daniel Findling