Motion for Emergency Money in a Divorce

By A.M. Hill

By their nature, emergencies tend to appear when we least expect them. Divorce cases are not immune to unexpected life events. If you are a party in a divorce and find yourself facing a crisis, it might be possible to obtain immediate assistance by filing an emergency motion with the court. The name and procedural rules for this type of motion vary by state, so it is important to check your state's requirements before you file.

By their nature, emergencies tend to appear when we least expect them. Divorce cases are not immune to unexpected life events. If you are a party in a divorce and find yourself facing a crisis, it might be possible to obtain immediate assistance by filing an emergency motion with the court. The name and procedural rules for this type of motion vary by state, so it is important to check your state's requirements before you file.

Titling the Motion

Each state has its own terminology for emergency motions. Terms also vary depending on what the filing party is requesting. The specific nature of your emergency will dictate the motion's title. For example, some emergency motions are styled "ex parte," which means they can be submitted to the court before being served on the other party. Other terms include "motion to show cause" and "emergency motion." A motion titled "emergency motion" is usually followed by the precise relief being requested, such as "emergency motion for release of funds."

Divorce is never easy, but we can help. Learn More

Emergency Motions vs. Non-Emergency Motions

Ordinarily, you cannot correspond with the court without first notifying the other side. All states follow this rule to ensure fairness and complete disclosure. In an emergency scenario, however, you probably will not have enough time to serve the opposing party with a copy of your motion. In that instance, an emergency ex parte motion allows you to get your request before the court without delay. If the court decides in your favor, it will grant temporary relief until a full hearing can be held.

Supporting Documentation

Because the court decides emergency motions before holding a hearing, you must supplement your motion with documents that support your request. Some states require all emergency motions to include an affidavit in which the filing party states the facts surrounding the emergency and swears under oath that his statement is truthful. For motions requesting emergency funds, a court might require proof of expenses like receipts and invoices. Providing more evidence increases the likelihood of the court's granting your emergency motion.

Preparing for the Hearing

Regardless of whether the court grants your request, it will schedule a hearing on your motion. This gives both parties the opportunity to present evidence and argue their side of the issue. To maximize your chances of having your motion granted or upheld, make sure your emergency request is legitimate. For example, an emergency motion for money to buy a plane ticket to attend a parent's funeral will probably be viewed more favorably than a motion for funds to pay a higher than normal electric bill. Reserving emergency motions for truly unexpected circumstances will increase your chances of success.

Divorce is never easy, but we can help. Learn More
What Is a Motion to Expedite Consideration in a Divorce Case?

References

Related articles

How to Get an Emergency Court Order for Visitation Rights for a Father

In most cases, family court judges want you to have time with your children just as much as you do. Even if the court finds that for some reason you’re unfit for full custody, the judge will typically grant supervised visitation, allowing you to see your kids with a responsible, third party adult present. State courts are vested in maintaining the parent-child relationship, so if your soon-to-be ex is depriving you of visitation, all you really have to do is get into court to ask for an order.

How to Respond to a Post-Divorce Motion

Even though your marriage ends when the judge approves your divorce decree, it doesn't necessarily follow that your divorce case itself is finished. You may have a variety of outstanding issues remaining to be resolved before you can count the family court system completely out of your life. Additionally, you may find yourself grappling with motions to modify prior court decisions on child custody, child support or spousal support. Responding to your former spouse's post-divorce motions requires an understanding of your state's unique family law and civil procedure codes.

What Is an Ex Parte Custody Order?

Hearing both sides of a custody dispute is an important part of ensuring that the court makes an informed decision regarding your child. However, in some cases, threats to the child's well-being create an urgency requiring a judge to act without the participation of your spouse. In these limited circumstances, a court may act based on your testimony alone and issue what are known as temporary "ex parte" orders. States vary on the process for obtaining these orders as well as how long they remain in effect before a full hearing must be held.

Get Divorced Online

Related articles

How to Reverse a Divorce Settlement

While you may have no regrets about ending your marriage, you could have them regarding the marital settlement ...

Can You Request a Psychiatric Evaluation in a Divorce?

You can request almost anything you like in divorce court, but it doesn’t necessarily mean that the judge will ...

How a Non-Custodial Parent Can Reduce Child Support Payments

Child support is money paid by the non-custodial parent to the custodial parent, and may be paid either directly, ...

How to File a Motion to Change Guardian Ad Litem

When a judge appoints an individual to serve as a guardian ad litem, this is because the court has confidence in the ...

Browse by category