Arndt, Sutak & Miceli, LLC

Do You Need Assistance from the Court? When Do You File a Motion…

In New Jersey Divorce cases, a Motion is a mechanism to request relief from the Court. It is essentially a list of requests made by one party for the other party or for the court to do something. The following are examples of types of motions that can be filed duringa divorce matter:

  1. Setting interim (pendente lite) support obligations from one party to the other;
  2. Setting parenting time schedules pending a final outcome on custody and parenting time;
  3. Directing the valuation of one spouse’s business as part of the pending divorce; or
  4. Requesting a counsel fee payment to continue with litigation.

When your divorce is concluded, and there are enforcement issues (i.e., one party is not living up to the terms of your final judgment of divorce), you can seek assistance from the court and file a motion then as well. Your list of requests might include relief such as:

  1. Selling the former marital home over the other party’s objection for failure to refinance and buy the other party out;
  2. Directing the modification of child support because one child is now emancipated;
  3. Seeking the termination of an alimony obligation because one party is now cohabiting with another; or
  4. Modifying the parenting time plan because one party intends to move cross country.

Filing a motion is an “art” and should be done with the assistance of an attorney.  There are Court Rules which apply to the filing of a motion and even the most minor of infraction can result in the entire motion being dismissed. The attorneys at Arndt, Sutak & Miceli, LLC are ready willing and able to assist you with filing a motion to secure the relief you seek. Please contact us at 732-867-8894 or via email at to schedule consultation to discuss your case today.

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