After filing your divorce complaint, you may request court orders at a motion session of the Probate and Family Court. Judges issue temporary orders on matters such as custody, visitation, and support, but these orders do not become final until trial or settlement. In the meantime, temporary orders serve as guidelines for conducting daily life -- questions about the division of marital assets are deferred for resolution until trial.

During the motion session, in contrast to a trial, you will be allowed to speak informally (not under oath), but not to testify or cross examine witnesses. Your lawyer does most of the speaking -- giving the basic facts of your case, and making the request before the court. Typically you find dozens of people waiting for the judge, so each case is allotted about ten or fifteen minutes.

Many judges send cases to the court's family service office before they hear the lawyers' arguments. The office serves as an in-house mediation service staffed by court personnel called Family Service Officers or Probation Officers. Trained as mediators, these court officers are familiar with the issues, and well acquainted with the judges. Mediation sessions often lead to agreements ("stipulations"), but if the parties cannot agree, they see the judge. Judges often rely upon the Family Service Officer for a recommendation, so it pays to listen carefully to the officer.