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Summary Disposition in Matrimonial Practice
As matrimonial practitioners, we have all met with countless clients and immediately assessed the situation with regard to their cause of action, support, equitable distribution and custody. The initial consultation, retention and then commencement of the action are often followed by what may be called the typical divorce pretrial disposition. This includes the support application, fixing of a parenting schedule and perhaps an advancement of fees or pendente lite distribution of marital assets.
Decisive Procedures
There are extremely decisive procedures that can be used on a pretrial basis to enable the practitioner, as well as the litigant, to dismiss or limit the issues outstanding in a matrimonial matter. On a pretrial basis, a case or legal issue may be dismissed by a court as a result of a partial or complete determination on the merits as a matter of law. Effective tools such as summary judgment or in limine applications, which unfortunately are not utilized by the matrimonial practitioner often enough, cannot only serve to protect the interests of your client, but, more importantly, enable you to streamline your case.
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