Experienced Attorneys Explain Why Motions are Filed in Jacksonville Divorce Cases
In divorce court, you will hear numerous terms thrown about. One that may confuse you is that of the motion. A motion is a legal action that an attorney takes to get an issue into the courtroom and for a judge to rule on it. When you file the petition for divorce, your attorney could request a motion for temporary child support while waiting.
There are two types of motions that may be filed in a divorce case: (i) pre-trial and (ii) post-trial. Pre-trial motions are those that are filed before you appear in court, and post-trial motions are those that appear after you have been to court.
A motion can be filed by either side – they are based on a need for a court order, or to enforce an order issued by the court.
Reasons Why an Attorney Files a Pre-Trial Motion
- Temporary support. A divorce case may take time, and your attorney may think that it is in your best interest to file a temporary financial support for spousal support or child support until the case is resolved. You can let your attorney know if you need financial assistance during the divorce proceeding, and he or she can file a motion. It is best to file these motions as soon as possible.
- Housing issues have arisen. A pre-trial motion may help with housing issues – such as filing a motion to allow that you and the children remain in the marital residence until the divorce is complete.
- Temporary child custody orders. If you are suing for sole custody, or you feel your children would be harmed if they were allowed to live with the other parent, your divorce attorney may file a motion to petition the court for temporary child custody.
- Protection orders. If there is a history of domestic violence or abusive behavior, an attorney may petition the court for a protection order for one spouse against another.
Reasons Why an Attorney Files a Post-Trial Motion
- Modification in child support. The courts may need to involve themselves in a modification for child support. Either party can initiate the modification, but must prove that there are significant changes to warrant the modification.
- Contempt of court. When a non-custodial parent does not pay court-ordered child support, a post-trial motion is used to hold that parent accountable for his or her court-mandated support. In some cases, an attorney may file a request to garnish the non-custodial parent’s wages for child support.
Motions, while effective, are not always the solution. Therefore, it is best to consult with a family law attorney about your divorce, child support, or other issue before assuming a motion is your best route.
Contact a Jacksonville Family Law Attorney Today
To learn about your options for your divorce or custody case, speak with the family law attorneys at Beller & Bustamante, P.L. today. Schedule your consultation at 904-288-4414 or contact us online with your questions.