Five Typical Pre-Trial Motions in a Divorce Case
Pre-trial motions happen in any litigation, including a divorce. These pre-trial motions are designed to address issues with a temporary solution between when you file the petition for divorce and when your final orders are entered. While there are numerous motions to file, five pre-trial motions in a divorce case are more common than others.
What Five Common Pre-Trial Motions in a Divorce Case Will My Attorney Use?
Your attorney will use pre-trial motions to address issues that you and your spouse disagree on and need to be resolved before your final trial.
1. Temporary Support
The court might issue a motion for temporary child support or spousal maintenance. Children are entitled to support and a party making a broader request for spousal maintenance may need that assistance to start right away.
2. Legal Decision Making Authority and Parenting Time
A temporary motion to decide where the children will reside, where the children will attend school if different than the current arrangement, and temporary legal decision-making authority status might be placed until it is finalized.
3. Family House
Certain possessions need to be dealt with prior to trial, like the family home and who can reside it in while the divorce case is pending.
4. Protection Orders
In instances of child abuse or domestic violence, the victimized spouse may request an emergency protection order from the family courts.
5. Enforcement of Motions
If a pretrial motion is granted, both parties must abide by it. If one party fails to do so, they are in contempt of court. Therefore, your attorney might file a motion to enforce and compel the other party to comply. If they still refuse, they might be held in contempt.
Pre-Trial Motions are Complex, Hire a Divorce Attorney
Pre-trial motions are not for the self-help divorce. You need an attorney to help you prepare the right motions, provide you with information, gather evidence and argue that motion in court. Pre-trial motions are heard in front of a judge, and your attorney knows the proper procedure to file a motion on your behalf successfully.
For all your divorce concerns, turn to the divorce team at Udall Shumway, PLC. We are a full-service law firm that can assist you with every stage of divorce. Schedule a consultation by contacting one of our family law advocates today.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Pre-Trial Motions in a Divorce Case, or any other family law issue, please feel free to contact Steven H. Everts at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.