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I need Information in regards to a motion. for Divorce.

Clearlake, CA |

What is the basic time frame for drafting a motion for court. (divorce)
also what is generally the cost?

Attorney Answers 3


It all depends on the type of motion you are filing, and whether or not additional forms and information are required. For example, if you are requesting any pecuniary support, your motion must be accompanied by a current Income and Expense Declaration, as well as the required attachments to the Declaration, if any.

Even when just filing the dissolution petition to commence the case, the particular facts, such as the existence of minor children, determine the amount of paperwork and time. Time is ultimately what will dictate the cost.

I recommend that you consult with a couple of family law attorneys in your area, provide them with the specifics of your situation, and in return you should receive a comprehensive answer.

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Depends on what type of motion and who prepares it for you. If you want to file for divorce its referred to as a Petition for divorce not a motion, a motion is a bit different. And as far as the cost, the court in California charges $435.00 to file the Petition, thats not including the cost of preparing the Petition. The cost of preparing the Petition varies greatly and like anything else in life, you'll get what you pay for. You can hire a paralegal to do it or you can hire an attorney. Here in California the court may order the most capable party in a divorce proceeding to pay all the costs and fees. That means if a spouse with no income wants to file for divorce , they can ask the court to order the income producing spouse to pay for their attorney fees and costs.

This opinion does not create an attorney client relationship. You are advised to seek an in person consultation with an attorney.

This advice does not create an attorney client relationship and should only be used for informational purposes.

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I am going to presume that you already have a divorce case in process and that you want to file a motion for temporary orders related to the divorce. The California Rules of Court have changed recently and now when a party asks for relief in Family Court, your file a "Request for Orders" and not a 'motion.' If you live in Clearlake, CA in Lake County, I recommend that you contact the Family Law Facilitator's office for help with preparing your "Request for Orders." Here is a link that you may find helpful: The Lake County Superior Court's website also shows they have workshops that might be useful for you to attend. It appears that the filing fee in Lake County is $60.00, but you may be able to qualify for a "fee waiver" if you are low income.

Disclaimer: If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law and should not be relied upon as legal advice. This response does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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