Question from Dana: List 20 motions in a divorce in Texas
Answer from AI:
Hello,
In Texas, divorce proceedings can involve various motions filed by either party to address specific issues or requests. Here are 20 common motions that may be filed during a divorce in Texas:
1. Motion for Temporary Orders: This motion requests the court to establish temporary arrangements for child custody, visitation, child support, spousal support, and property division during the divorce process.
2. Motion to Modify Temporary Orders: If circumstances change, a party may request the court to modify the existing temporary orders.
3. Motion for Temporary Restraining Order (TRO): This motion seeks to prevent one party from taking certain actions, such as harassing the other party, disposing of assets, or relocating with the children.
4. Motion to Extend Temporary Restraining Order: If a TRO is about to expire, a party may request an extension.
5. Motion for Protective Order: This motion seeks protection from family violence or threats of violence.
6. Motion to Compel Discovery: If a party fails to provide requested information during the discovery process, the other party may file this motion to compel compliance.
7. Motion for Sanctions: This motion requests the court to penalize a party for failing to comply with court orders or discovery requests.
8. Motion to Quash Subpoena: If a party believes a subpoena is improper or overly burdensome, they may file this motion to have it dismissed.
9. Motion for Continuance: This motion requests the court to postpone a hearing or trial to a later date.
10. Motion for Mediation: A party may request the court to order mediation to resolve disputes outside of court.
11. Motion to Appoint a Guardian ad Litem: This motion requests the court to appoint a neutral third party to represent the best interests of the children.
12. Motion to Appoint an Attorney ad Litem: This motion requests the court to appoint an attorney to represent a party who cannot afford one.
13. Motion for Summary Judgment: This motion asks the court to decide the case based on the undisputed facts, without the need for a trial.
14. Motion to Set Aside Default Judgment: If a party fails to respond to a divorce petition and a default judgment is entered, they may file this motion to have the judgment set aside.
15. Motion to Enforce: This motion requests the court to enforce a previously entered order, such as child support or visitation.
16. Motion for Contempt: If a party violates a court order, the other party may file this motion to hold them in contempt of court.
17. Motion to Modify Final Decree: After the divorce is finalized, a party may request the court to modify the final decree if there has been a significant change in circumstances.
18. Motion to Terminate Spousal Support: If a party believes they should no longer be required to pay spousal support, they may file this motion.
19. Motion to Withdraw as Counsel: An attorney may file this motion to withdraw from representing a party in the divorce.
20. Motion for New Trial: If a party believes there were errors in the trial process, they may request a new trial.
It is essential to consult with a qualified family law attorney to determine which motions are appropriate for your specific situation and to ensure proper filing and compliance with Texas law.