Understanding Divorce Motions and TrialsFriday, October 23rd, 2015, 1:21 am
When going through a divorce in the Queens court system, you may be curious when you will need to make a court appearance. There are two legal actions – motions and trials – that may bring your case to court.
During the trial, each party will submit their evidence for a judge to resolve any remaining issues. Depending on the complexity of the case and number of outstanding disputes, the trial can last anywhere from a few minutes to a several months.
A motion can be made at any time, before or after a trial. When a motion is made before a trial, it is usually to obtain a court order to be put in place until the trial begins. If a motion is made once the trail has finished, it is typically to enforce or change court orders that have already been put in place.
A pre-trial motion is likely required when the spousal parties are unable to agree on the following conditions:
- Custody: Where will the children live? Where will they spend holidays and other special events?
- Properties and Belongings: Who will live in the family home? Who will drive the family cars?
- Money: Will one spouse be required to pay child support or alimony between filing for divorce and the trial?
- Protection: Was there violence between the spouses? Should a restraining order be issued or communication be limited?
- Enforcement: Should any court orders be put in place that are later violated, a motion may be file to determine any necessary punishments
If you and your spouse are able to answer these questions without the assistance of a judge, pre-trail motions may be unnecessary for your case. But, if one member of the spousal party refuses to hold up their end of the bargain, the court can only become involve if a motion has been filed.
A Queens divorce attorney can help you prepare and file a motion.
There are two kinds of divorce trials: uncontested and contested.
Uncontested trails occur when the separating spouses agree on all terms of the divorce, and can typically be handled without the assistance of a divorce attorney. These trials typically only take a few minutes, and sometimes a physical appearance in court isn’t even necessary.
Contested divorces are a little more difficult because they are defined by the spouse’s inability to agree on the separation terms. A settlement conference will likely be scheduled with the hopes of finding common ground on some or all of the divorce terms before moving to trial.
If you need help filing a motion or preparing for trial, contact a divorce attorney at FK Law Group in Queens. FK Law Group helps individuals throughout Queens and New York City who need legal advice and experience counsel throughout the divorce process. Contact the Queens office of FK Law Group at 1-800-631-1757 for information about trials and motions, or any other family or divorce matter.