Understanding a Motion to Set Case for Trial in Divorce Proceedings

Question from Nick, Understanding a Motion to Set Case for Trial in Divorce Proceedings

Answer from AI:

When a party involved in a divorce proceeding feels that negotiations have stalled or are not proceeding in a fair manner, they may file a Motion to Set Case for Trial. This motion is a formal request to the court asking for a trial date to be scheduled. The goal is to move the case forward towards resolution when other methods, such as mediation or negotiation, have not been successful.

Key Elements of the Motion

The motion outlined presents several key points:

1. The filing party (Respondent) is requesting a trial due to stalled negotiations.
2. Attempts at mediation and equitable distribution negotiations have failed.
3. The lack of cooperation from the other party (Petitioner) is causing financial and emotional strain on the Respondent.
4. A temporary financial restraining order is affecting the Respondent’s ability to make decisions regarding children and business.
5. The Respondent is seeking an equitable distribution of marital assets.

Legal Considerations

When reviewing a motion like this, courts typically consider:

• The attempts made at negotiation: Courts generally favor parties attempting to resolve issues outside of court. The motion should detail these attempts to show the court that a trial is the last resort.
• The impact on the parties: The court will consider how the delay and the temporary orders are affecting both parties, especially in terms of financial and emotional well-being.
• Equitable distribution: In states like Missouri, the law seeks to divide marital property equitably (fairly) but not necessarily equally. The court will look at what is fair in the distribution of assets.

Next Steps After Filing the Motion

After a Motion to Set Case for Trial is filed, several steps follow:

1. The court will review the motion and the reasons for requesting a trial.
2. A hearing may be scheduled to discuss the motion before deciding whether to grant it.
3. If the motion is granted, the court will set a trial date.
4. Both parties will then prepare for trial, which may include gathering evidence, preparing witness lists, and more.

Seeking Legal Advice

It’s important for individuals in this situation to seek legal advice. A family law attorney can provide guidance on:

• The likelihood of a motion being granted based on specific circumstances.
• Preparing for the hearing on the motion and for trial.
• Navigating the complexities of divorce law and court procedures.

For more information on divorce proceedings and equitable distribution, you can visit the Missouri Courts website. Remember, while general information can be helpful, consulting with a legal professional is crucial for advice tailored to your specific situation.

Note: This information is not legal advice but is provided for educational purposes. Legal outcomes can vary greatly based on the specifics of each case. Always consult with a qualified attorney for legal advice on your particular situation.