Legal Question in Family Law in Michigan

Motion and Notice of Hearing

I am the plaintiff representing myself in a divorce case. I am trying to file a motion for a final divoce hearing in Genesee County. The form I am filling out is titled: Motion and Notice of Hearing. I am having trouble trying to figure out what a few lines mean. For example line #1 says: ''Motion Title'' I need to know the proper response for that. Line #2 says ''Moving Party'' I need to know the response for that also. Line number#

4 says: I hereby certify that i have made personal contact with ______ on ____requesting concurrence in the relief sought in this motion and that concurrence has been denied or that i have made reasonable and diligent attempts to contact consel requesting concurrence with this motion. Could you please tell me what to fill in the blanks with? Thanks!


Asked on 1/10/02, 9:27 pm

1 Answer from Attorneys

Nancy Moore Nancy L. Moore, Esq.

Re: Motion and Notice of Hearing

First of all, you are the "moving party" since it is you who is filing the motion. The motion title is merely putting into words exactly what you want, for example, "Motion to Request Final Pre-Trial Conference," or "Motion to Request Trial Date." Line # 4 indicates that you must contact the other party (or other party's attorney) and tell him/her just what you are seeking. If the other party is not in agreement, then you go forward with this motion and fill in the other party's name and the date when you asked for concurrence. If your spouse has no attorney, you fill in your spouse's name. Then you must serve a copy of the motion on the other person. You should also file a "Proof of Service" with the motion. The Proof of Service is a statement by you indicating that you have served a copy of the motion on the other party. Also include how that service was made, either by U.S.mail, or by hand-delivery, or by fax, or however else you delivered it. If the divorce is uncontested, in other words the two of you agree on everything, you can motion up a hearing for a Final Consent Judgment of Divoce. Good luck to you. Hope this helped.

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Answered on 1/12/02, 10:03 am


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