How Many Family Law Cases Go to Trial
Family law cases commonly center on issues related to child custody, paternity and support payments for minor children. Furthermore, such litigation may involve proceedings for abuse and neglect as well as family offense charges.
Defense attorneys must navigate a delicate process when representing those charged with criminal charges. Their job includes investigating each case in detail and uncovering evidence to create an effective argument on behalf of their clients.
The number of cases that go to trial
If mediation or another alternative dispute resolution method does not succeed in settling the dispute, trial will follow. At trial, a judge or jury will hear evidence from both sides and make a final determination. Initially, each side presents their evidence and request in an opening statement before witnesses give testimony before moving onto closing arguments from both parties.
As well as trials, Family Courts conduct hearings known as Motions and Contempt hearings to enforce court-approved agreements and orders. Most Family Court hearings are open to the public; however judges and support magistrates may restrict attendance should they feel it necessary due to confidential nature of certain matters.
The number of cases that are settled
Most family law cases are settled outside of court through mediation or direct negotiations, but some couples choose to go to trial instead and let a judge make decisions for them. While this option can be challenging – particularly if children are involved – and more costly, it is essential that you discuss it with your attorney to find the most cost-effective solutions.
At trial, both you and your spouse appear before a judge with your attorneys, where the judge will ask questions and listen to evidence presented from both parties. After making opening statements and calling witnesses and presenting your evidence, opposing parties can conduct direct examination and cross-examination on them before turning over to the judge for consideration of all testimony and evidence presented before making his or her ruling on all sides.
Before your trial date arrives, there may be several hearings to attend such as motions and contempt hearings. An experienced family court attorney will be able to guide you through each one smoothly.
The number of cases that are appealed
Many divorce and family law cases end up before New York’s Appellate Division for review, where appeals take an inordinately long time due to transcript preparation for hearings taking up most of their staff’s time.
In the event that a judge makes an unjust ruling regarding child custody, an objection may be filed by either parent to overturn it and seek justice through legal representation.
Some individuals without attorneys choose to represent themselves in family court proceedings. In recent years, courts have made this easier by shortening trial formats and making judges available to guide these individuals through the process.
The number of cases that are sent back to court
Once a case has been decided, either party may appeal the judge’s ruling in higher courts. Common types of appeals in family law cases involve child support, custody and property division issues – with judges taking into consideration both sides’ arguments and evidence before making their final ruling.
If the judge grants an appeal, the case will return to lower court for further proceedings. The appeals process provides both parties a chance to present more information to the judge who could reconsider her original ruling.
Trials in New York often involve cases relating to divorce, child custody and domestic violence proceedings as well as requests for enforcement orders or agreements. Children usually do not testify and attendance at court is not mandatory. Many cities offer childcare at courthouses for parents unable to bring their children themselves.