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.
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.
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.
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