How to Oppose a Divorce Motion Against You
Some divorces run smoothly because both partners agree on what they want to happen afterward. Other divorces bring up conflicts when neither party can agree with the other on the division of property, child rearing, and finances. Partners can disagree on who raises the children, how much child support is paid, where the child should live, and whether the other parent should have visitation rights.
Even after a divorce, a partner who disagrees with a court order can file a motion to bring you back into court. You may be able to oppose the motion with help from an Oklahoma family lawyer.
Reasons a Motion Was Filed
There are various reasons why your partner may decide to file a motion against you and not all of the reasons are emotional. Some reasons may have to do with your partner’s financial situation. If your partner just lost a job and is low on money, they may file a motion to reduce the amount of child support the original court order required.
Life circumstances and emotions are often unpredictable. Added stress can make a parent want extra alone time from their children. This can prompt your partner to request a change to the original child custody decree that would move primary custody to you.
Other reasons a former partner might file a motion against you are perceived accusations. You might be accused of not following a court order like visitation rights, child custody, or child support payments. Whether the accusations are accurate or falsely made depends on how closely you have followed the original court orders. In either case, you can fight back and defend yourself.
How to Respond to a Motion
The first thing you need to do when you receive a motion against you is to read through the reasons for the motion. Assess the situation to determine how much of what the motion says is true and how much is false. Then fill out the Opposition, Motion Opposition Fee Information, and Financial Disclosure forms and turn these into the court.
You will be expected to give these completed forms to your former partner or your partner’s lawyer. This can be done online or through the mail. A hearing will be scheduled to determine who is right. You will probably want to hire your own divorce lawyer to represent your side because your ex-partner will want, and likely already have, their own attorney. You will need a strong defense regardless of whether you are guilty of the motion filed against you.
If you are not guilty, be prepared to provide adequate reasoning and evidence as to why you are innocent. However, if you are guilty, you will be expected to explain why you failed to follow the original court orders. This can include significant changes in life circumstances.
Oklahoma City Divorce Attorney
Some people panic after receiving any kind of motion against them, but you do not have to settle for the charges against you. You can talk to an Oklahoma divorce lawyer today by calling the Putnam Law Office at (405)-849-9149 for consultation. Mr. Putnam is an Oklahoma City, OK attorney who puts clients first and will defend their rights.
