In some cases, you may not be able to resolve your divorce through negotiation. Then, your case ends up in family court, where you must go through a legal process. You must formally seek the court to grant you certain things in court cases. This could be a larger for the court to consider that involves legal rights, or it could be an issue about one aspect of the case. Either way, you should hire an attorney to draft motions on your behalf.
Motions Are the First Statement of Your Particular Matter
A motion is a legal document that is filed with the court. The motion would state the specific request with the court, along with the reason why. The motion would be the first thing the judge reads when considering the matter. Your motion must be as persuasive as possible because it could be your first impression of the judge.
You File a Motion When You Are Seeking Something
You would file a motion with the court in various contexts. Your case would begin when one spouse files a motion. They could be seeking an overall divorce on the terms that they want. They could be filing a motion for custody of the children. In either case, the spouse may lay out the facts of their case and what they are asking from the court.
You May Need to File Motions During Your Case
When the trial is ongoing, each lawyer may make requests from the judge. For example, the other party may not produce certain documents in the discovery process. Then, you would need to go to the judge with a Motion to Compel, seeking to have the judge order them to hand over the documents.
Some motions may need to be filed on an emergency basis. One parent may not be allowing the other access to the children. There may be a dispute that needs to be resolved immediately. Then, you must file a motion with the judge seeking emergency relief.
You Can File Motions Before the Conclusion of the Trial
There are other motions that a spouse can make once evidence has been gathered or presented in the case. After discovery in your case, one or both parties can request summary judgment. This motion asks the judge to rule as a matter of law based on material facts that are not disputed.
If the divorce trial is underway, one party can file a motion for a directed verdict with the court. This type of motion is filed when a spouse believes that the other party does not have sufficient evidence for their case. This motion can only be filed when the other spouse has concluded presenting their case at trial.
Some Motions May Be Filed After the Divorce Is Finalized
You may also file a motion with the court after the conclusion of the divorce. The most common post-divorce motions are ones that are seeking the judge to order some type of modification. One parent may wish to change the custody status or the visitation. They could be seeking a modification of child support. Then, the other parent may file a response to that motion seeking to have the judge deny the request.
Contact a Middlesex County Divorce Lawyer at Wiley Lavender Maknoor, PC for Help With Your Divorce Case
A Middlesex County divorce lawyer at Wiley Lavender Maknoor, PC can represent you when you are in the middle of a contested case. You should contact a lawyer at the outset of your divorce to increase the chances that you can resolve your case without litigation. Call us at 732-494-6099 or contact us online to schedule a free consultation. Located in Metuchen, New Jersey, we serve clients in Middlesex County, Monmouth County, Union County, and Somerset County.