Motions and Cross Motions

When it comes to resolving legal disputes in family law, there are various methods to consider. One of the most common methods is motion practice, which involves asking the court to make a ruling on a particular issue in a case. In this page, we will explain the motion process in family law and what it involves.

What is a Motion?

A motion is a formal request made to a judge by one party in a case asking for a ruling or order on a particular issue. The motion can be filed at any stage of the case, but it is usually done after the initial pleadings have been filed and discovery has been completed. Common types of motions in family law cases include but are not limited to motions for temporary orders (also called Pendente Lite motions), motions to modify custody or visitation, and motions for contempt.

Request A Confidential Consultation

What is a Post-Judgment Motion?

After a family law case has been resolved and a final judgment has been entered, there may be circumstances that arise that require further legal action. In these situations, a party may file a post-judgment motion in order to seek relief from the court. The post-judgment motion process is similar to the motion process described above, but there are some key differences. When filing a post-judgment motion, the party usually must show that there has been a material change in circumstances since the final judgment was entered that justifies the relief requested.

The Motion Process

The motion process begins with the filing of a motion in court by one party. The motion must include a detailed list of issues that the party is seeking a ruling on, as well as a factual argument in support of the request. The party filing the motion must also serve a copy of the motion on the opposing party or their attorney.

Once the motion has been filed and served, the opposing party has a certain amount of time to file a response to the motion. The opposing party can file their own motion seeking their own requests or rulings, called a cross-motion. The response will include a legal argument in opposition to the motion and any relevant evidence that supports their position.

After the response has been filed, the court may schedule a hearing on the motion. At the hearing, each party will have an opportunity to present their argument and evidence to the judge. The judge will then make a ruling on the motion, either granting or denying the request.

It is important to note that the motion process can be time-consuming and expensive. Therefore, it is essential to work with an experienced family law attorney like Michael Rosenberg who can help you determine whether a motion is the best course of action for your case and guide you through the process.

THIS IS AN ADVERTISEMENT. These materials have been prepared by Michael B. Rosenberg, Attorney at Law, for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Results may vary depending upon your particular facts and legal circumstances. The information contained in this website is not intended to create, and receipt of it does not constitute an attorney-client relationship nor is it intended to substitute for the advice of an attorney. Users of this website should not act upon this information without consulting professional legal counsel. This website constitutes Attorney Advertising. Copyright © 2023 Rosey Law, LLC. All Rights Reserved. | Privacy Policy