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Understanding Divorce – Top Reason Your Divorce Lawyer Files Motions

Family Law & Mediation Center > Divorce Lawyer Process  > Understanding Divorce – Top Reason Your Divorce Lawyer Files Motions

Understanding Divorce – Top Reason Your Divorce Lawyer Files Motions

A motion is a legal move your divorce attorney uses to be able to get your specific problem into a court and in front of a judge. In Madison County cases centralized in Edwardsville, IL and St. Clair County cases are concentrated in Belleville, IL. Motions are filed based on the requirement to enforce a court order you already have or to gain a court order.

Contact Deborah Besserman, a divorce lawyer in Granite City, IL and Edwardsville, IL, if you are contemplating a divorce or just need information on the best move to make pre-divorce.

A motion to the court clearly states the facts on which it’s based as well as its intent. In many cases, the motion will give a legal argument to support the demand for new orders from the court. When a motion files, it should concisely summarize the problem. It’s critical for you, as the customer to get the chance to see any motions before they can be presented to the court. There is nothing wrong with asking your divorce lawyer to read the motions. A good night sleep or all of sudden remember something after given time to think may bring more information to light to help your case.

Divorce attorneys can make mistakes they are human especially if you do not explain all your divorce problems up front to them, it’s up to you to ensure this does not occur, at any time in your case. Any divorce lawyer needs as much information as possible so they can create the best motion for your divorce issues.

The truth is, in the event you are employing a divorce attorney in Granite City, IL; Edwardsville, IL; or Collinsville, IL or in St. Clair County make sure a request for a hearing is created at the period of filing for a divorce. 

Reason for a pre-trial motion:

Your home or housing is just another problem that can be set by a pretrial motion. Your divorce attorney could file a motion requesting you’ve exclusive right to reside in the marital home during the time before a divorce court trial.

Your attorney can ask for a restraining order whether there are problems with domestic abuse.

A judge can give a short-term order that establishes what occurs to the marital property during the time prior to going to divorce court. For example, which spouse will use which car or, what either spouse can property what.

Reason for a post-trial motion:

In the event, you lose your job and are financially unable to pay the ordered amount of child support, a post-trial alteration of that child support is a method of protecting yourself financially.

If a parent isn’t paying child support, a post-trial movement could be utilized to hold in contempt of court or that parent responsible.

In case your spouse is defying the initial divorce court order in any way, a post-trial motion gets you face to face with a judge and provides you the possibility to request a fresh order. If a spouse will defy an order, placing a new order in place does very little good at motivating and rebellious ex-husband.

A motion is a legal source your divorce attorney in Granite City, IL; Edwardsville, IL; or Collinsville, IL, Belleville, IL or O’Fallon, IL can utilize to safeguard your interests either before or following your divorce is final.

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