After a trial in divorce or family law matter, post-trial motions can often be filed. A post-trial motion could be in various forms. It could be a motion simply for a new trial. It could also be a motion to amend, reconsider, or for new evidence to be presented.
When these motions are filed, many do not understand the purpose behind them. Many also do wonder whether these motions work. Others are perplexed by the filing of these motions because they expected finality after a trial.
The reality is that these motions are common after a divorce or family law trial. In some cases, both parties can file these motions. This is because the results of divorce or family law trials are often split decisions. Both parties may like and dislike certain parts of the court’s judgment.
In some cases, the court might make minor changes to their judgment through the request to amend. This may be the case where the court’s calculations on some matter might be incorrect (like a child or spousal support), but can be fixed quickly through an amended judgment.
In some cases, the court may grant a new trial or open up the matter for additional evidence. This result is generally much rarer. It would usually have to be a situation where the court felt as if the trial had some kind of reversible error in terms of the admission of evidence.
If there was additional evidence that was omitted not by the fault of one of the parties, the court could allow additional evidence to be taken. However, if the evidence was available before, and just not presented, most courts will not allow it.
Post-trial motions also give parties more time to consider whether to appeal. For some parties, they need to gather the funds or are considering whether they desire to appeal. They might look at post-trial motions as a last-ditch effort at getting some relief before filing an appeal.
No matter the circumstance, post-trial motions are common after divorce and family law trials. Parties should not be surprised when they are filed after a trial.
If you are in the midst of contested divorce or family law matter, Stange Law Firm, PC can help. You can contact us at 855-805-0595.