Texas Divorce and Summary Judgement
If you are going through a divorce, you have probably had it up to here with legal jargon, and that is understandable. Learning a bit about summary judgments, however, could be helpful to the outcome of your case. A summary judgment is a motion to dispose of an issue – or of issues – at hand when the supporting evidence is not strong enough to maintain the argument or when the opposing party cannot bring a credible defense.
If your impending divorce is going to court, it is very likely that there are several issues to be resolved. Filing a motion of summary judgment can help you resolve certain of these issues prior to court and can allow you to focus solely on those issues that remain when your court date does arise. If you are facing a divorce, consult with an experienced Central Texas divorce attorney today.
Traditional Summary Judgement vs. No Evidence Summary Judgement
There are two different kinds of motions that apply to summary judgments, and these include traditional and no evidence:
A traditional summary judgment motion is filed when the person bringing the motion asks the court to consider the evidence presented and to determine if it entitles him or her to a summary judgment on the matter.
A no-evidence summary judgment motion is filed when the person bringing the motion asks the non-moving party to present sufficient evidence not to entitle the movant to summary judgment on the matter.
Applicable Divorce Issues
There are several divorce issues in which a motion for summary judgment can be useful:
Determining whether one spouse’s legal fees will be reimbursed by the other spouse
Determining whether specific assets are community property or separate property
Determining the enforceability of a premarital agreement
The Advantages of a Summary Judgement
Filing for a summary judgment earlier in your divorce case – rather than waiting for the issue to go to trial – can provide you with the peace of mind that comes from knowing those specific issues are resolved before heading into a trial that is bound to be extremely stressful all on its own. Even if you do not prevail at summary judgment, the process will provide you and your attorney a bird’s eye view of your spouse’s case, which can prove invaluable in helping to determine your strongest legal strategy.