Motions are the engine that drives your divorce case forward. Understanding how they work gives you control over your case's trajectory.
A motion is a formal written request to the court asking the judge to do something specific in your case. Think of it as raising your hand and asking the teacher for permission—except in court, you need to put your request in writing, serve it on the other side, and wait for a hearing.
In Illinois divorce cases, motions handle everything from requesting temporary child support while the case is pending to asking the court to force your spouse to turn over financial documents. Without motions, nothing happens in your case between filing and trial.
Request temporary maintenance or child support while your divorce is pending. Critical if your spouse controlled finances.
Establish temporary parenting time and decision-making authority until final orders are entered.
Force your spouse to provide documents, answer questions, or comply with discovery requests they're ignoring.
Request sole occupancy of the marital home, typically when living together has become untenable.
Ask the court to order your spouse to contribute to your legal fees, especially if they control the money.
Request to postpone a hearing or trial date. Requires good cause and prompt filing.
Write the motion with required formatting, cite applicable law, and attach supporting affidavits or exhibits.
File with the clerk and serve the opposing party. Notice must be given per court rules (typically 3-14 days before hearing).
The other side has 14 days (usually) to file a written response opposing your motion.
Both sides argue at the hearing. The judge grants, denies, or modifies the requested relief.
Under Illinois Supreme Court Rule 11, written motions generally require notice to all parties. Emergency motions have expedited notice requirements.
Responses are typically due 14 days after service. Failure to respond doesn't mean automatic approval—but it weakens your position significantly.
Cook County, DuPage, Lake, and other counties have local rules that supplement state rules. Always check local requirements for formatting, hearing procedures, and filing.
Whether you need to file a motion or respond to one your spouse filed, strategic motion practice can shape your entire case outcome.