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Divorce Terminology

Wage Withholding Order

This Order is served on the employer of the person who has been ordered to pay support, requiring them to withhold a certain amount from their employee’s pay, each payday, to be paid to the person to whom support is owed, typically, through the office of the Friend of the Court.

Uniform Support Order

This document spells out the amount and duration of the payments for child support and spousal support.

Notice of Hearing

This is a document that is used to inform the other side of the case, and the court, when a motion or other legal proceeding is scheduled to be heard.

Praecipe

A Praecipe is a document required by the court when a party or attorney is requesting that the court set a date to hear and decide a motion.

Motion

Motions are used in all types of legal proceedings, not just family law cases.  A motion is a written request seeking the court grant some type of relief prior to trial.  Generally motion fees are $20, however, depending on the type of motion, the motion fees can be significantly higher.  Generally motions regarding custody, parenting time and child support are significantly higher.

Record of Divorce

This is a one page form that is required by the state to create a statistical record.  Some counties require this to be filed at the time of filing, while others require it to be filed contemporaneous with the entry of the Judgment of Divorce.

Injunctions

An injunction is a court order that restrains (prevents) a party from doing something.  Commonly these are entered at the time of filing, Ex Parte (without giving the other side notice that they are being sought).. Usually they are used for restraining a party from removing a child from the custody of a parent, or taking the child outside of the jurisdiction of the court, or preventing a party from selling, dissipating, wasting, liquidating or dissolving marital assets, changing or stopping insurance coverage for the other party or child, changing employment benefits, etc.

Ex Parte Orders

Ex Parte comes from Latin legal term meaning “from one party” and means that an order entered Ex Parte is a decision made by the Judge without a hearing.  These orders have an objection period which allows the party not present to make an objection to the order.  If an objection is made, a hearing is set in front of the Judge.

Filing Fee

Filing fees may vary depending on the type of action.  A divorce filing fee in Wayne, Oakland, Livingston and Washtenaw County, paid to the court at the beginning of a case, is currently $150.00.  Additional fees are required when a Friend of the Court investigation is sought and/or children are involved.

Verified Statement

A form required in cases where Friend of the Court services are required.  It is used to give the Friend of the Court comprehensive information on the parties and children.

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