What isa Motion and Affidavit form?

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What isa Motion and Affidavit form?

I received a packet from my wife’s divorce attorney. In it was a form called Motion and Affidavit or Counter Affidavit for temporary orders without oral hearing; the only item listed was for spousal support. Is the reason this is temporary because the monies can be modified at any time in her favor?

Asked on September 22, 2011 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, I need to stress that you should take the paperwork to an attorney in your area to review on your behalf on a consultation basis and to explain to you your rights and liabilities under the law.  With out knowing more and reading the paperwork involved giving guidance is very tricky.  Now, there are many reasons that the motion requests a temporary order.  Yes, it is true that the order can be modified later on.  But mostly it is temporary because the Court needs to hear argument on the matter - you may be contesting having to support her after the divorce - and before all the financial paperwork that is generally required has been submitted.  Good luck.


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