How to File a Motion in a CT Divorce: Navigating the New Motion Docket (§ 25-34A)

The moment you file for divorce in Connecticut, a set of Automatic Court Orders goes into effect to maintain the status quo. But what happens when the status quo is untenable? What if you need financial support now, can't agree on a temporary parenting schedule, or need exclusive use of the marital home to ensure peace? Waiting months for a final divorce decree is often not an option.

This is where motions come in. A motion is a formal request asking a judge to issue a court order to resolve a specific issue. In a divorce, these are often called pendente lite motions—requests for temporary orders that last while the case is pending.

For years, getting these motions heard involved a cumbersome process known as the "short calendar." However, recognizing the need for greater efficiency, the Connecticut Judicial Branch implemented a new system effective January 1, 2025. Governed by Connecticut Practice Book § 25-34A, this new process changes how, when, and where your motion is heard.

This comprehensive guide will serve as your roadmap to this new system. We will explain how to file a motion in a CT divorce under the current rules, breaking down the critical difference between having your motion heard on a routine "Case Date" versus requesting a special hearing on the CT family court motion docket. We will provide a step-by-step walkthrough of the process, including when and how to use the crucial CT Caseflow Request (JD-FM-292) form to get the court's immediate attention.

What is a Motion in a Connecticut Divorce? The Power of Pendente Lite Orders

Before diving into the procedure, it's essential to understand what a motion is and what it can accomplish. While your divorce complaint outlines the final relief you seek, a motion addresses the urgent needs that arise during the litigation process.

Defining the Terms: Motion vs. Pendente Lite

Motion: In simple terms, a motion is a legal document you file with the court asking a judge to do something. It states what you want (the "relief") and why you are legally entitled to it.
Pendente Lite: This is a Latin phrase meaning "while the litigation is pending." Pendente lite motions in Connecticut are therefore requests for temporary court orders that will remain in effect until your divorce is finalized or the court issues a new order. These orders are designed to create stability, ensure children are cared for, and preserve assets during the often-turbulent divorce process.

The goal of a pendente lite order is not to decide the final outcome of your divorce, but to put a stable and fair structure in place for the duration of the case.

Common Reasons to File a Pendente Lite Motion

You can file a motion for nearly any issue that requires a court order. Some of the most common reasons litigants file pendente lite motions include:

Temporary Child Custody and a Parenting Plan: To establish who the children live with, visitation schedules, and decision-making authority while the divorce is ongoing.
Temporary Child Support: To ensure the children's financial needs are met based on the Connecticut Child Support Guidelines.
Temporary Alimony (Spousal Support): To provide financial support to a lower-earning spouse so they can meet their necessary expenses during the divorce.
Exclusive Use of the Marital Home: To have one spouse temporarily move out of the family residence to reduce conflict or for the benefit of the children.
Payment of Household Bills: To order one or both parties to continue paying the mortgage, rent, utilities, car payments, and insurance.
Contribution to Attorney's Fees: To ask the court to order the higher-earning spouse to contribute to the legal fees of the other spouse.
Protective Orders: To prevent a spouse from selling, transferring, hiding, or borrowing against marital assets.
Orders for Evaluations: To request a psychological evaluation, substance abuse assessment, or the appointment of a Guardian Ad Litem (GAL) for the children.

If you are facing any of these situations, filing a motion is the primary legal tool at your disposal.

The Old vs. The New: Understanding the Shift to Practice Book § 25-34A

To appreciate the new system, it helps to understand the old one. Previously, attorneys and self-represented parties would file a motion and then "claim" it for a hearing on a specific date on the court's "short calendar." This system often led to crowded dockets, multiple continuances, and significant delays, leaving families in limbo.

The new system, codified in Practice Book § 25-34A, gives the court's Caseflow Coordinators and judges more control over scheduling. The goal is to resolve motions more efficiently by sorting them into two distinct tracks.

Automatic Scheduling on "Case Dates": The default pathway for most routine motions.
Requesting Placement on the "Motion Docket": The pathway for urgent, complex, or time-intensive matters that require a dedicated hearing.

Understanding which track your motion belongs on is the key to navigating the process successfully.

Pathway 1: Automatic Scheduling on "Case Dates" (The Default Route)

Under the new rules, the court assumes most motions can be handled during regularly scheduled court events. This is now the standard, default procedure.

What is a "Case Date"?

When your divorce case begins, the court will schedule a series of "Case Dates." These are mandatory court appearances designed to move your case forward. They may include:

Case Management Conference: An initial meeting with a judge or family relations counselor to discuss the case schedule, discovery, and potential for settlement.
Status Conference: A check-in with the court to report on the progress of the case.
Pretrial Conference: A more formal conference with a judge to attempt to settle the case before a trial.

The court's new philosophy is to use this already-scheduled time efficiently. Instead of creating a separate hearing date for a simple motion, the clerk will now automatically place it on the calendar for your next Case Date.

Which Motions are Heard on Case Dates?

This pathway is intended for straightforward, non-emergency motions that are not expected to require extensive testimony or evidence. Examples include:

A motion for temporary child support where both parties have filed clear Financial Affidavits.
A motion to compel the other party to produce documents they have failed to provide.
A motion for a simple clarification of a parenting schedule ambiguity.
A motion for an extension of time.

If you file a motion like this without any special request, the system is designed to handle it automatically.

The Step-by-Step Process for Filing a Motion for a Case Date

If your motion is routine and can wait for your next scheduled court appearance, the process is relatively simple:

Draft the Motion: Use the official court form if one exists (e.g., Motion, Form JD-FM-174). If not, you will draft a formal pleading. Your motion must clearly and concisely state (1) the specific order you are requesting, and (2) the factual and legal reasons you are entitled to that order.
File with the Court: File your completed motion with the court clerk. This is typically done through the Connecticut Judicial Branch's E-Services portal.
Serve Your Spouse: You must provide a copy of the filed motion to your spouse or their attorney. This is called "service" and is a critical step.
Wait for the Court's Notice: You do not choose a hearing date. The court clerk will review the motion, assign it to your next scheduled Case Date, and issue an official notice to both parties with the date, time, and location (or virtual link) for the hearing.

Pros and Cons of the Case Date System

Pros: This system is streamlined and requires less paperwork from you. The scheduling is predictable, as it aligns with dates that are already on your calendar.
Cons: The primary drawback is time. Your next Case Date could be weeks or even months away. If you are in a financial crisis or facing an urgent parenting issue, this default pathway may be too slow.

Pathway 2: Requesting the "Motion Docket" for Urgent or Complex Matters

What if you can't wait for the next Case Date? What if your issue requires witnesses, exhibits, and more than the 10-15 minutes a judge can spare during a busy Case Management Conference? This is when you must proactively request a hearing on the dedicated CT family court motion docket.

When is the Motion Docket Necessary?

The motion docket is reserved for matters that demand more immediate or in-depth judicial attention. You should request placement on the motion docket when your motion:

Is Urgent: The relief you seek is needed to prevent immediate harm or hardship that cannot wait for the next Case Date. For example, your spouse has cut off your access to all marital funds, and you cannot pay the rent due next week.
Requires Testimony and Evidence: The issue is contested, and the judge will need to hear testimony from you, your spouse, and potentially other witnesses to make a decision. A simple argument won't suffice.
Is Complex: The legal or factual issues are complicated and will require significant time for the judge to understand and rule upon.
Is a High-Priority Motion Type: Certain types of motions, by their nature, are often considered priorities. A prime example is a Motion for Contempt, which alleges a willful violation of a court order.

Introducing the Key Form: The Caseflow Request (JD-FM-292)

To get your motion onto this priority track, you cannot simply file the motion itself. You must also file a second, crucial document: the CT Caseflow Request (JD-FM-292).

This one-page form is your formal application to the court, asking it to deviate from the default path and grant you a special hearing. It is the mechanism through which you signal the urgency and complexity of your request. Filing your motion without this form will almost certainly result in it being scheduled on the next routine Case Date.

How to File a Motion and Request the Motion Docket: A Step-by-Step Guide

Follow these steps precisely to ensure your request for a dedicated hearing is properly considered.

Step 1: Draft Your Primary Motion First, prepare the underlying motion itself (e.g., "Plaintiff's Motion for Exclusive Possession of Marital Home," "Defendant's Motion for Temporary Alimony, Pendente Lite"). Be thorough. Attach a sworn affidavit detailing the facts that support your request. If you have documents to support your claims (e.g., an eviction notice, a threatening text message), reference them in your motion and be prepared to present them as exhibits.

Step 2: Complete the Caseflow Request (JD-FM-292) This form is the key that unlocks the motion docket. Pay close attention to these sections:

Section 2: Request Type: Check the box that says, "Place a motion on the motion docket."
Section 3: Motion(s) to be Placed on the Docket: Clearly identify the title and date of the motion you are filing.
Section 4: Justification for Request: This is the most important section of the form. You must explain to the court why your motion requires a special hearing and cannot wait for a standard Case Date. Do not be vague.
- Weak Justification: "This motion is urgent."
- Strong Justification: "This motion is urgent and requires an evidentiary hearing. The Defendant has threatened to empty the joint marital savings account (Acct. #XXXX) by the end of the week to purchase a non-marital asset. A temporary order is needed to preserve the marital estate. The Plaintiff requests 45 minutes for testimony from both parties."
Section 5: Time Estimate for Hearing: Provide a realistic, good-faith estimate of how long the hearing will take. Consider time for your testimony, your spouse's testimony, and any arguments. Underestimating the time can frustrate the judge and lead to your hearing being continued to another day.

Step 3: File Both Documents Simultaneously You must e-file your primary Motion and the completed JD-FM-292 form at the same time. Filing them separately can cause confusion and processing delays.

Step 4: Serve Both Documents on the Other Party Just as with the motion itself, you must serve a copy of the filed JD-FM-292 on your spouse or their attorney. They have a right to know that you are requesting an expedited or special hearing.

Step 5: Await the Court's Decision After you file, a caseflow coordinator or judge will review your request. They have the discretion to decide how to handle your motion. There are two likely outcomes:

Request Granted: You will receive a scheduling order from the court placing your motion on the motion docket for a specific date and time. This is your dedicated hearing.
Request Denied: You will receive a notice that your request for a motion docket hearing has been denied. The court will then schedule your motion to be heard on the next available Case Date. This means the judge determined your issue did not meet the threshold for urgency or complexity requiring a special setting.

Special Considerations and Related Procedures

The new motion system has nuances, especially when dealing with true emergencies or violations of court orders.

Emergency Motions: Ex Parte Orders

What if you are facing a true emergency, such as a risk of physical harm or the immediate, irreversible removal of your child from Connecticut? This situation may call for an "Ex Parte Motion." Governed by Practice Book § 25-24, this is a request for an immediate court order granted without a hearing and without the other party being present.

To get an ex parte order, you must submit an affidavit demonstrating a risk of "immediate and irreparable harm." The standard is extremely high. If a judge grants the order, it is only temporary. The court will immediately schedule a full hearing, typically within 14 days, where your spouse will have the opportunity to appear and contest the order.

Motions for Contempt

A Motion for Contempt is filed when you believe your spouse has willfully violated a clear court order, such as the Automatic Orders or a previously issued pendente lite order. For example, they cancelled your health insurance or failed to pay court-ordered support.

Because these motions involve potential punishment (including fines or even jail time) and require the court to determine if a violation was "willful," they almost always require an evidentiary hearing. Therefore, a Motion for Contempt is a classic example of a motion that should be accompanied by a CT Caseflow Request (JD-FM-292) to secure a hearing on the CT family court motion docket.

Common Mistakes to Avoid When Filing a Motion

The new system is designed for efficiency, but procedural errors can still cause significant delays. Avoid these common pitfalls:

Crying Wolf: Do not use the JD-FM-292 for routine matters. If you repeatedly request priority hearings for non-urgent issues, you will lose credibility with the court, and your truly urgent requests may not be taken seriously.
Vague Justifications: The single biggest mistake on the JD-FM-292 is failing to provide a specific, compelling reason for the request. Clearly articulate the harm you will suffer if you have to wait for a Case Date.
Forgetting to Serve: Failure to properly serve the motion and the JD-FM-292 on the other party is a fatal procedural flaw. The court cannot hear your motion if the other side hasn't received proper notice.
Being Unprepared for the Hearing: Whether your hearing is on a Case Date or the motion docket, you must be prepared. This means having your updated Financial Affidavit (JD-FM-6), proposed orders, and all your evidence (documents, photos, emails, witnesses) organized and ready to present to the judge.
Filing the Motion and Request Separately: Always file the motion and the JD-FM-292 Caseflow Request together as a single transaction in the e-filing system to avoid administrative confusion.

Summary: Key Takeaways for Navigating the New Motion System

Filing a motion is a powerful tool for establishing stability and protecting your rights during a divorce. As you navigate the new system under Practice Book § 25-34A, remember these key points:

Pendente lite motions are used to get temporary court orders for issues like custody, support, and use of the house while your divorce is pending.
The new system uses two tracks: Case Dates for routine matters and the Motion Docket for urgent or complex hearings.
By default, your motion will be automatically scheduled for your next Case Date unless you take further action.
To request a dedicated hearing on the CT family court motion docket, you must file a CT Caseflow Request (JD-FM-292) along with your motion.
Your justification on the JD-FM-292 is critical. Be specific about why your issue is urgent, complex, or requires testimony.
Always be fully prepared for any hearing with your updated Financial Affidavit, evidence, and a clear idea of the orders you are asking the judge to sign.