What to Know About Pretrial Motions in Divorce
In many divorces, you will need to make some temporary decisions to put in place while the divorce is pending. If you and your spouse agree on all the primary issues, you don’t have to worry about any pretrial motions. But if you don’t agree and will need to take an immediate (and temporary) action before the court can hear your case, one of you may file a motion to get a temporary court order.
Pretrial motions can cover any of the following issues:
- Child custody: Who will be the primary caretaker for the children? How much time will the children spend with each parent, and how will you handle things such as holidays, commutes to school and activities and various child-rearing responsibilities?
- Money: You may need temporary orders to cover issues such as child support and alimony.
- Protection orders: If you have been the victim of violence or emotional abuse, you can seek a temporary protection order to keep your spouse away from you and to limit communications.
- Possessions: Pretrial motions regarding possessions allow you to determine what will happen to your assets while the divorce is pending. This includes who gets to live in the family home.
- Enforcement: If any type of order is violated while the divorce is ongoing, you can seek an enforcement order to legally compel your spouse to obey.
Again, not every divorce will require pretrial motions. But if you have issues you cannot resolve outside of court with your spouse, using one may become necessary. For more information about how to proceed with certain matters in your divorce, contact a trusted Long Island divorce lawyer.