Pretrial motions

A Motion is simply a request, usually in writing, to the Court. The purpose of filing a Motion is to obtain relief from the Court with regard to a particular problem. These are some examples of Motions that may be made prior to a final hearing on your case: --Motion for Temporary Support; --Motion for Temporary Custody; --Motion for Attorney Fees; and --Motion for Temporary Restraining Order. The above list merely provides examples of Motions that may be filed in your case. They may not be necessary in your case, but various others may be appropriate. As a general rule, the client must be present in Court for the hearing of any pretrial motions having to do with custody or financial matters. An Order entered by the Court on a pretrial motion is a Temporary Order, which will usually remain in effect until there is a final hearing on your case.


Discovery and trial

After the initial 45 day period elapses, parties may engage in discovery. The discovery process is the term used to describe the formal ways in which the attorneys attempt to discover all the facts that will be important or relevant to your case prior to the trial or final hearing. This will probably involve both financial and nonfinancial information. This part of the case is very important because it will provide the office with the information necessary to enable us to recommend to you a fair settlement or resolution, or to present a complete case to the Court if it is necessary to proceed with a trial. The length of time for discovery may vary according to various factors, which will include --the complexity of the issues involved; --the difficulty in obtaining the requested information; --the obstinacy of your spouse.