Motion practice in family court is often an important part of the litigation process. Motions are filed when one or both parties are seeking some sort of relief from the court on a specific issue or set of issues. Those might include modifications for a final judgment of divorce, cohabitation, termination of alimony based on retirement, an increase in parenting time, custody, child support, and enforcing previously ordered terms, to name a few. It is important to know the purpose of filing a motion, the components of a motion, and how motions are filed in New Jersey when deciding whether to retain legal counsel to handle your case.
What is a Motion?
In simple terms, a motion is a written request submitted by a party requesting the Court to issue an order or to modify the terms of an already existing order. In typical divorce cases, motions can be filed during a pending divorce litigation or after the final judgment of divorce is entered, in what is deemed a “post-judgment” motion. For parties that have never been married, the court can modify a prior order as well.
Types of Motions
There are different types of motions that can be filed for a variety of purposes in family court. For example, one of the most common types of motions seen in divorce litigation is the “pendente lite” motion. Pendente lite, which means “pending the litigation” in Latin, is a term used to describe motions that are filed to maintain the “status quo” of the parties while the divorce case is pending. For example, parties often file pendente lite motions for temporary spousal support or for the payment of marital expenses until the final divorce decree is entered.
Another motion seen often in family court is an “enforcement motion.” The purpose of an enforcement motion is to enforce the terms of a preexisting order. For example, in divorce cases, these motions are often filed to enforce the terms of the parties’ Marital Settlement Agreement after the final judgment of divorce has already been entered.
What Are the Components of a Motion?
When submitting a motion to the court, it is essential that the required documents are included with the filing. These documents are required under the New Jersey Court Rules, and include, but are not limited to, the following:
- Notice of Motion: This document specifically enumerates the relief you are seeking from the court in your motion. In other words, it puts the court and the opposing party on “notice” of your request for relief.
- Certification: The Certification allows the moving party to explain to the court why they believe they are entitled to the relief described in their Notice of Motion. The Certification essentially sets the scene and gives the court any background information required to render a decision by affording the moving party an opportunity to tell their story.
- Certification of Service: The purpose of the Certification of Service is to prove to the court that you properly served your motion and all its components to the other party, affording them the opportunity to respond.
- Proposed Form of Order: This document must be submitted to the court as part of your motion filing, as it provides the Judge with a proposed order that he or she can sign either granting, denying, or modifying the requests made in your motion.
- Legal Brief: This document is typically submitted with the assistance of an attorney who is well-versed in the law and can lay out the appropriate legal issues and supporting case law to assist the judge in reaching a decision. The purpose of the legal brief is to apply the factual information established in the certification to the relevant law to assist the judge in rendering a well-informed decision.
How are Motions filed?
Once your motion is filed, the opposing party is afforded time to respond. Typically, the opposing party’s response must be filed within 15 days of the motion’s “return date”. A return date is the specific date your motion will be heard for oral argument in court, or when the Judge will render a decision “on the papers,” i.e. without oral argument. Once the opposing party responds, the moving party is afforded additional time to submit a “reply” to the court, which is typically required to be submitted 8 days before the motion’s return date.
Family Law Attorneys in NJ
If you have a family law matter that involves motion practice, and you want to ensure that you submit a well-written, informed motion for the court’s review, contact Arndt, Sutak & Miceli, LLC for a consultation today at (732) 867-8894.