How to Get Temporary Orders – Motion and Declaration

This is part 3 of 8 of our series on what forms you need to file for temporary orders in your divorce case. Last week we went over the Note For Motions Docket. Next week we’ll go over the Financial Declaration.

The Motion and Declaration for Temporary Orders is the heart of your case for temporary orders.

womanexplaining

WHY YOU NEED IT

This document tells the Court exactly what you want it to order, and why you believe the Court should enter those orders.  First, you must ask the Court to enter orders addressing each issue for which you are seeking the Court’s assistance.  Some common issues addressed in a motion for temporary orders include:

  • Who is responsible for household bills such as utilities, credit cards, mortgages, car payments, etc.
  • Who is responsible for maintaining insurance policies for health care, cars, etc.
  • Who stays in the house, and who needs to move out.
  • When, where and with which parent the children will live.
  • How much financial support each parent needs to provide for the children.
  • Whether one spouse is entitled to temporary financial support from the other.

Then, you give the Court an explanation with specific reasons why you believe that Court should decide these issues in your favor.  This is where your declaration comes in.  Your declaration is a sworn document – essentially, court testimony on paper.   Your declaration is an opportunity to tell the court your side of the story, and to assist the court in deciding a fair and equitable outcome of your motion.

manexplaining

WHERE YOU GET IT

Like all documents needed in a temporary orders proceedings, you can pick up a blank Motion and Declaration for Temporary Orders on the Washington Pattern Forms site, or pick one up at the Clerk’s office.

WHAT IT LOOKS LIKE

You can find the Word version here.

315 Words
957 Views

If you liked this post, check out People You May Know: Your Husband’s Other Wife.