WHAT CAN YOU DO AFTER A DIVORCE TRIAL? – POST TRIAL MOTIONS
Post-Trial Motions
Once the ruling has been handed down, if either party has any objections to the verdict, they can raise them through several post-trial motions. It is important to note that, along with filing a post-trial motion, come strict time windows for doing so. To be heard, post-trial motions should be presented promptly.
Motion To Reconsider
If a party files a motion to reconsider, they are asking the court to reevaluate the facts of the case and the divorce ruling. Common grounds for a motion to reconsider may include an alleged error or a claim that the law has changed. An example of this is examined in re Marriage of Willenberg. The Kansas Supreme Court approved a motion to reconsider because a mistake was made regarding the consequences of bankruptcy for property division. As stated, this motion asks for reconsideration of the same facts, but it may not be proper if new evidence is necessary. In re Marriage of Blagg, the court states that other motions are appropriate if new facts are to be considered. However, the demonstration of the new law will always be allowed in a motion to reconsider. The court will consider case law that shows an alternate ruling if the motion is submitted on time.
Motion For A New Trial
While a motion to reconsider examines facts already presented, a motion for a new trial typically focuses on matters outside the evidence. Although the presentation of new facts is generally required when requesting a new trial, a valid excuse for not offering the facts in the first trial is also required. Whether you are claiming misconduct by the opposing side or a substantial change in circumstances, the reasoning behind the motion for a new trial must fit into the grounds listed under K.S.A. § 60-259. Common grounds include new evidence not presented at trial or a claim of prejudice.
The distinct difference between a motion to reconsider and a motion for a new trial is that a motion to reconsider focuses on one aspect of the judgment. A motion for a new trial seeks to correct the entire matter because the ruling was flawed. In this case, a re-trial may be necessary whereas in a motion to reconsider a simple modification to the original judgment may suffice.
Motion For Relief From Final Judgment
Once a ruling is handed down, the parties have obligations arising from the verdict. If a party is seeking relief from those obligations, a motion for relief from final judgment may be filed. Six grounds encompass a motion for relief from final judgment, and they will be discussed in detail below. First, if an error is realized beyond the allotted time for a re-trial or reconsideration, then the error may justify relief from final judgment. This same concept is also applicable when new evidence is uncovered. Third, if a party engages in fraud, the court may grant relief to the opposing party. Fourth, a party can be granted relief if he or she seeks to avoid a judgment that the court did not have the power to hand down in the first place. For instance, if a federal court grants a divorce, either party would be subject to relief because federal courts are not permitted to rule on divorce proceedings. Fifth, if the obligation is satisfied or it is not fair for the obligation to continually apply, then relief may be necessary. An example of this involves remarrying a spouse. In this scenario, spousal support would no longer be required. Lastly, the court may consider any other reason in deciding whether a party should remain bound by an obligation arising from the divorce.
Modification
If a party seeks to change certain parts of a divorce ruling, he or she may do so by filing a request for modification. Child Custody, child support, and spousal support may all be modified through this request. Regarding child custody, a modification is appropriate whenever it is in the children's best interests, and a parent can demonstrate a substantial change in circumstances. Examples of this type of modification may include the custodial parent's imprisonment or refusal to respect visitation privileges. Kansas Statute Annotated Section 23-3005 controls the modification of child support orders.
Either parent can request a modification to the child support order, regardless of who was ordered to pay. However, there are two criteria to keep in mind when seeking to modify child support. First, the child support order can be modified if it was issued more than 3 years ago. Because conditions are likely to have changed in such a timeframe, a recalculation of the child support owed is warranted. On the other hand, a modification may be necessary within three years if the party can display a significant change in conditions. Examples of substantial changes include changes in employment or changes in custody arrangements.
Lastly, displaying a significant change in conditions can justify a modification of spousal support. Nonetheless, a spouse cannot be ordered to pay more than he or she was initially required to pay under the initial ruling. The court can only reduce spousal support if circumstances change.
It is essential to keep in mind that property division is typically something that cannot be modified through this motion. The thought behind such restrictions is that the property division ought to be resolved at the time of the divorce, in view of those conditions. Any adjustment in conditions is immaterial to conveying property obtained during the marriage.