Family Law AdvisorŪ
Frequently Asked Questions

Divorce can take over half a year, or more. How am I supposed to live in the meantime?

You can file "motions" which are requests to the court for temporary court orders relating to financial support, custody and visitation, restraining orders on assets, and abuse prevention.

What is a "motion session?

" Courts assign a judge (usually rotating among several judges) to hear motions for temporary orders. In Connecticut these motions are scheduled for hearing on the "short calendar", usually Mondays each week.

What must I do to file a motion?

First, a case must be pending before the court. If you have not filed your complaint or petition for divorce, you can't ask the court to issue temporary orders.

Does this mean I file my divorce papers and then return another day for the judge to hear my motions?

Not necessarily. If you have any type of emergency, such as domestic violence or believe assets will disappear, you can ask the court to hear your motions "ex parte" meaning without giving notice to, or attendance of, your spouse.

What if I don't like the results? What can I do?

Most courts allow you to file a motion for reconsideration asking the judge (usually the same judge who originally ruled on the motion) to reconsider his or her decision.

What if I loose that round too?

Remember that motions are for temporary orders. You still have a right to a trial on all disputed issues, unless you manage to settle your case.

Any tips on making a court appearance?

Treat the judge respectfully. Refer to him/her as "your honor" or "this court." Never interrupt (this includes your spouse or his/her lawyer, even if they are misrepresenting. Don't make faces or shake your head.. Always ask the judge for permission to speak. "Your honor, may I say just a few words? " Dress appropriately!

-- Rutkin & Oldham, LLC

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