Motion for a New Trial
A request for a new trial is rarely granted, and must be supported by substantial evidence. Some examples of grounds for a new trial are misconduct of one party, new material evidence, irregularity in the proceedings of the court, or abuse of discretion, depriving a party of a fair trial. This motion must be filed no later than 15 days after the Decree of Dissolution is filed by the judge, and will start all of the proceedings over again.
This request challenges the judge’s decision based on any number of factors, including exclusion of evidence due to a Trial Attorney’s objection or error on the part of the Judge. If it is determined that harmful error did occur, your case will continue to the Superior Court for a new trial. A notice of appeal must be filed within 30 days after the Decree of Dissolution is filed by the judge.
Circumstances are subject to change over time, and it may become necessary for one party or the other to request a modification to the prior judgment. Reasons could include loss of job, reduction of income, health issues, or relocation of one or the other party.
When new conditions affect the best interest of children involved, it is even more important to request modifications.
The three categories of modification typically are:
- Modification of Spousal Maintenance
- Modification of Child Custody
- Modification of Child Support
Collect all documentation and witnesses who can support your claim for necessary modification, and enlist the help of an experienced family law attorney.
Unless the terms are modified, all parties involved are held to the specific requirements listed in the Decree of Dissolution. The Judge can issue an “Order to Show Cause” should either party fail to live up to their set of terms. If the Judge finds the offending spouse is in Contempt, the Judge has the power to issue sanctions that range from paying a fee all the way to spending time in prison.
The Judge also possesses the power to garnish wages in order to collect past due child support payments, revoke a driver’s license, or initiate proceedings to revoke a professional license or certification.
Divorce is complicated, particularly when children are involved. Don’t stress about the details, instead entrust your case to one of the dedicated attorneys of Simon Law Group.]]>