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Paying Attention To The Papers You File In Your Divorce: What Can Happen If You Don't

by Gene Vasquez

If you are filing motions in your own divorce, it is important to pay attention to what the paperwork says. Too often, motions are filed by one party in a divorce, and then that party refuses to comply with the rules set forth in the motion papers. For example, if you file a motion for contempt of court against your spouse (and you do not have a lawyer but he or she does), you do need to provide all of your financial documents at the request of your ex's lawyer. It is not the lawyer asking to see your financial documents, but a requirement of the paperwork you filed for the hearing. Failure to comply or pay attention to what your motion paperwork says can result in all of the following.

You May Irritate the Judge for Wasting Their Time

Judges, as a rule, are busy people that do not like having their time wasted. When you file a motion in a divorce case, you should have all of your ducks in a row before you appear before the judge. If you have intentionally gone against what your own motion has requested and required for your case to be heard, the judge may not be very happy with you and refuse to hear anything you have to say. He or she may also be less likely to allow you to file a second motion on the same issue if you have failed to pay attention to the paperwork the first time around.

Your Uncooperativeness May Present You in a Negative Light

Any time you file a motion in divorce court, or your ex files a motion, and you do not comply, it presents you in a very bad light. The judge may wonder about your emotional and psychological state or may think that you have something to hide. When you intentionally refuse to cooperate with a motion that you have filed against your ex, your ex's lawyer may argue that the case be dismissed with prejudice (meaning that you cannot bring this issue back up again when you clearly did not want to cooperate with the courts on it anyway).

You May Be Utterly Humiliated

At the very least, you may be utterly humiliated. After all, this was your motion, filed by you. By not reading all the way through the paperwork for your motion and not complying with what it required, you may look and/or feel very foolish. If it was a very important motion to you, you may feel especially foolish. Ergo, read your paperwork before you file it and comply with everything that it requires.

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