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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

  1. 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.

  2. I agree. Depending on the complexity of the motion, it can as little as a few hours, or up to a few days. Is there any possibility you could provide a little more information?

  3. hmm, I interpreted your question to mean "How much are the filing fees for a Motion?" If that is your question, the answer is: in Lake County, the cost for filing a Motion in Family Law is $60; and there is an additional $25 fee if the Motion involves child custody and visitation.

    You may be entitled to a fee waiver, and should look into whether you qualify given your income. Also, if, for example, you are requesting a Domestic Violence Restraining Order, there is no filing fee; it is free. Why you may ask? Because the courts have decided that they do not want the lack of resources to be a barrier in seeking protection from an abuser.

    What you need to remember is that you must file the Motion, at which time the clerk will issue a hearing date. Then you will need to serve the Motion 16 court days prior to the hearing date. The responding party has 9 court days to file a Responsive Declaration, and you have 5 court days to file any Reply.

    My colleagues are correct that it is always best to retain counsel, if you can afford it, to help you present your case in the best light possible and to make sure that you avoid any mistakes. That said, the actual drafting of the Motion depends on how many hours it will take to explain your side of the story and what you want the judge to do about it.

    I am including links below which may be of some help, explaining the divorce process as a whole as well as filing a Motion or Request for Orders. Good luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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