Define: Motion

To “bring a motion” in a family law proceeding, means you are asking the court to take action on one, or several disputed issues. A motion for temporary relief, is a motion brought while the divorce (or other family law proceeding) is still pending, prior to the actual finalization of the divorce. In such a motion, you are asking the court to issue an order on temporary issues (such as child custody, parenting time, child support, spousal maintenance, possession of a home, etc.) until such time that the issues are resolved on a permanent basis through an agreement (via mediation, Early Neutral Evaluations or otherwise), or through an actual court trial. Motions for temporary relief have become less frequent and less necessary since the inception of the ICMC process in most Minnesota counties. However, they are still necessary in when temporary issues cannot be resolved.

Post-Decree Motions

A “post-decree” motion, is a motion brought after the finalization of the divorce or other family law proceeding - after the filing of the Judgment and Decree (hence “post-decree”). Post-decree motions frequently involve a request to modify custody, parenting time, child support or spousal maintenance. Post-decree motions are possible, because the court retains jurisdiction to modify custody, parenting time and child support until such time that children attain the age of majority. Therefore, even though the matter has been resolved on a permanent basis, if there is a change in circumstances of the parents or children, or a change in the individuals’ financial circumstances, the court has the authority to modify the terms of the “permanent” order. Under certain circumstances, the court also retains the authority to modify a spousal maintenance award in a permanent order (when there is no valid “Karon Waiver”).

Timelines for Serving and Filing Motions

There are strict timelines for serving motions (and supporting affidavits, memorandums and other supporting documents) on the other party, and filing such documents with the court. The “moving party” must serve and file the motion by a date-certain prior to the motion hearing (with an additional three days added, if the service is by mail). If the other party wishes to raise new issues, that party must serve and file his or her motion and supporting documents by a specific date, and if the other party is simply responding to the initial motion without raising new issues, the responsive motion is due by a different date. There are also mandatory motion filing fees that the court charges to file either a motion for temporary relief or a post-decree motion. If the required deadlines are not followed, the judge is authorized to not hear the motion hearing. A judge has up to ninety days to issue an order following a motion hearing.

Certificate of Settlement Efforts

Prior to any motion hearing, the initiating party must also file with the court a Certificate of Settlement Efforts, which notifies the court that the parties attempted to settle the matter prior to appearing in court for the motion hearing. If a Certificate of Settlement Efforts is not filed, the judge is authorized to not hear the matter altogether or to direct the individuals to participate in mediation first (if mediation was otherwise required).

Contact Blahnik, Prchal & Stoll, PLLC for Representation in All Motion Hearings

The attorneys at Blahnik, Prchal & Stoll frequently represent clients in motions for temporary relief and in post-decree motions. The firm will draft, file and serve all the necessary motion documents, and will argue the merits of the motion at the motion hearing. There is no testimony taken at a motion hearing (unless expressly requested beforehand by one of the attorneys, which is very infrequent).