Motion practice in divorce occurs when a matter is contested and must be litigated through the courts, requiring a court to order relief for the parties. Generally, the motion calendar with the courts is on a 24 day motion cycle, meaning that parties file a motion, an opposition is then filed, and then a reply is filed. Thereafter, the court hears the motion on the return date and may rule on it on the papers alone or require oral argument or require a plenary hearing, where testimony is taken, in order to decide the motion. A motion on short notice may be filed when there is good cause for the motion to be heard sooner than may be allowed on the regular motion cycle. If there is a need for immediate enforcement of prior court orders, that may be considered by the court on short notice. If you have a matter in a divorce or family law matter that may require motion practice with the court, please call Green & Associates, at 732-390-0480 in our East Brunswick office or at 201-242-1119 in our Fort Lee office for a free consultation. Night appointments are available.
Sep 30, 2015 @ 12:36 PM — by Michael Green