Pretrial Motions in Divorce Actions

Often times divorce actions require litigation. If the parties decide that litigating the case is the only way to resolve the disputed issues, parties may need to file pretrial motions. A pretrial motion is a motion filed by either party requesting that the court take some action. Some issues need to be determined prior to the final conclusion of the case.

Discovery in Divorce Actions

If a divorce case is contested then a trial may occur. Prior to the commencement of the divorce trial discovery will take place. Discovery is a process by which both parties are able to obtain or attempt to obtain information needed for the divorce proceedings. The discovery mechanisms are the same discovery mechanisms that are used in civil trials. The angle for the usage of the mechanisms is slightly different for divorce actions.

Overview of a Putative Father

A putative father is an alleged father or a father out of wedlock. The putative father typically claims that he is the biological father of the child even though the mother failed to recognize his identity on the child's birth certificate.

The Child Witness

It is very difficult for children to be witnesses in a trial. In order to determine if a child should testify in a trial, the attorney should consider numerous factors.

Child Support Enforcement and Paternity Issues

At common law, a putative or alleged father of a child produced out of wedlock had no duty to support that child. However, the statutory law changed the common law and required both parents to support the child.