Do You Even Need a Motion For Temporary Orders in your Utah Divorce Case?
Not every case needs a Motion For Temporary Orders (“MTO”). The truth is, MOST cases don’t need an MTO. The first thing I consider early in every divorce case is, can we get this case settled or tried without the need for an MTO. Why is this a serious consideration? Cost. Our Bountiful Divorce Lawyer firm is always trying to get divorce cases done as cost-effectively as possible. Every effort should be taken to avoid allowing an attorney to drain the marital estate. And, the truth is, while an MTO allows an attorney to charge you more, an MTO does not necessarily help your case get any closer to being over, which is what you want, and it’s what our firm wants to accomplish for you, as well. However, not all attorneys feel this way. Many attorneys, and we are currently working with a few of them on the opposite side of cases, see the MTO as a way of billing the client more, to get more money out of the client so the attorney can be more profitable. Some firms file MTOs automatically on every case they can to make as much money as they can. This is not how our firm operates. We only do what we feel is necessary on a case. Nothing more, and nothing less.
An MTO should only be filed when the parties cannot come to an agreement on how to handle certain issues while the Utah divorce case or Bountiful divorce case is pending. Keep in mind, a Utah divorce case can remain pending for a year or more in highly contentious cases. During this period of time, the lack or an order could cause uncertainty and confusion. While every attorney should be attempting to work on settling these cases because that is the best interest of the client in a vast majority of the cases, some Utah attorneys see divorce cases as an opportunity to run the bill up as much as possible to earn as much money as possible from the client. This will prolong your Utah Divorce Case unnecessarily! Our Bountiful Divorce Lawyer firm does not do that. A settlement strategy must be pursued in every case, even if the chances of settlement seem remote. It is always worth looking at settling a case. If a settlement doesn’t happen, then we get ready for trial. Our firm is always up for a trial. We love to try cases, but trying a Utah Divorce Case is not usually the best way a client can spend their money.
MTO hearings deal with issues such as temporary custody, child support, alimony, possession of a residence, possession of vehicles, and maintaining of debt. These should be issues that parties can agree to without the need to file a motion and have a hearing, but if you can’t, then you need to file a motion and have a hearing. Keep in mind, until the hearing, you have no orders. And, a hearing takes at least 28 days to get to after the motion is filed. So, if you need an MTO, then you need to get started on it early on in the case.
Our Bountiful Divorce Attorney firm has handled 12 years worth of MTOs, so we know exactly how to handle the MTO filings and hearings, and we have been very successful at them. If you would like to talk about how we can help you with your Utah Divorce Case, feel free to call to set up a free divorce consultation at 801.312.9330.