5 Tips to Filing a Motion in New Jersey Superior Family Court

By Santo Artusa on May 13, 2019

Filing a motion in the New Jersey Superior Court with regard to family law issues can be rather complex.  The Rules in family court are very strict and if you do not follow these rules, you can have your case denied (the relief you seek denied). With that in mind, as a family law attorney in New Jersey, I am offering some tips to help those who are seeking to file a motion in family court. Of course it makes more sense to hire a family law attorney to handle your motion, regardless if you do or not, either way these tips are very important with regard to family court motions in New Jersey.

1. Know what you want. Be specific. Simply asking for parenting time is not enough. Knowing you want to have parenting time every other weekend from Friday to Monday can help you get as close to what you want. The Judge will then determine what parenting time makes sense in the best interests of the child if the parties cannot agree. This can happen from the paperwork you submit, if there is opposition and lastly if there is oral argument.

2.  If you are seeking to enforce a prior court order, be specific as to what the other party is not complying with. For instance, if you cannot see your child, show the efforts you made to see your child. If the other party owes you money, be specific as to which court order or agreement ordered that payment and be specific as to how much you are seeking and how soon are you seeking the amount due. If you are seeking temporary support at the commencement of a divorce case, lay out what kind of marital lifestyle you lived and give the Judge realistic numbers by way of a Case Information Statement (C.I.S.).  Attach as much proof as you can, eveything you can do to show why you should receive what you are seeking.

3. Make sure you serve the other party in the case and have proof that you did in fact serve that party by way of certified and regular mail. Without this, your case can be dismissed.

4. If you do have a court date, dress accordingly. Take your case serious and dress like your attorney would or at least close to it such as business casual. Show respect to the court and the court will show you respect. First impressions are very important in life and they are equally important in family court. Dressing well shows that you care and that you are taking this case seriously and this goes back to having an experienced attorney to represent you because that will also show the Judge you take the case seriously.

5. Start with the most important aspects of your case that you are seeking. Start strong in your arguments in your paperwork/or your lawyer's paperwork and during oral argument do the same. Show why you should obtain the relief you are seeking and be clear and stay on topic. Never interupt the Judge. If the Judge asks you questions of your attorney questions, stay on point. If the other side begins a nasty tirade or lies, do not get distracted or lower yourself to that person's level, rise above it.

While I offer these basic tips for individuals trying to figure out what to do when problems arise, if you have a family law issue that you want to address or an issue you want to fight after receiving a family court motion, contact our legal team on 973-337-9643. We are located at 26 Journal Square, Suite 205, Jersey City, NJ 07306.

 

 

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