For many Virginians, being in a courtroom for a divorce is like being on another planet. They've never been there before so everything that takes place can seem strange and unusual. One of the courtroom procedures that can seem odd is the filing of motions by the attorneys for either spouse. Motions can occur quite frequently during a divorce trial, so here are several types of motions that can be filed.
A motion is simply a way for someone's attorney to bring a specific issue to a judge's attention. This cannot be done by simply talking to the judge in the courtroom. Rather, the attorney must present the issue in written form. Once this is done, the motion becomes part of the official record of the court case and, therefore, the issue must be addressed before the divorce trial is concluded.
There are generally two types of motions that can be filed. The first is a pre-trial motion which means that an attorney files the specific paperwork about the issue in question before the trial begins. The motion must include the reason it is being filed as well as the legal argument for the request. Typical pre-trial motions for a divorce trial include requesting child support or child custody. They can also be about housing, marital property or even domestic abuse.
The other type of motion is a post-trial motion which is filed after the trial is over. There are many types of post-trial divorce motions that can be filed including requesting a modification in child support. Other kinds of post-trial divorce motions include filing a contempt of court motion if the non custodial parent is not paying their child support.
Motions are a legal tool that can bring many different important issues to the attention of a court. However, any Virginia resident who is going through a divorce may want to speak with a divorce attorney in order to find out what specific motions should be considered in their case.
Source: about.com "Divorce court: what is a motion?," Accessed Aug. 6, 2016
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