Just like in criminal cases or other litigations, there are two essential legal elements (motion to strike and motion for summary judgment) that can be used in family law cases, such as divorce, child custody, support, etc.
Understanding Motion to Strike
The motion to strike is essentially a request made to the court by one party or the other, to take away any false allegations, frivolous claims, or unsubstantiated defenses from the pleading before the trial begins. This is done only if the claims are irrelevant or legally insufficient.
In a divorce case, the motion to strike can be used by one party to have the court remove contentious and/or spiteful accusations and claims made by the other party that have no legal basis.
Understanding Motion for Summary Judgment
A motion for summary judgment is also a request made to the court and is essentially a plea that a particular aspect of the case or a specific concern be addressed privately without it ever going to trial.
For example, if one spouse provides evidence that they should be given full custody of the child as it was decided in the prenup – and the other spouse does not dispute the fact, the other spouse can file for a motion of summary judgment in the hopes to resolve the matter privately rather than going to trial.