Divorce And Family Matters: Going To Court

The following article will cover:

• Reasons why divorce and other family law matters go to trial.
• Factors that influence the cost of a trial in family law cases.
• Strategies to avoid going to trial and reducing legal fees in family law cases.

What Are the Most Common Reasons Divorce And Other Family Law Matters End Up Going To Trial?

Divorce and other family law matters often proceed to trial due to custody and significant financial issues. In such cases, clients may be hesitant to reach a settlement due to the potentially high cost of a trial. The expense of a trial (at least in the greater NYC area) can reach up to $30,000-50,000+ & with a typical financial trial consisting of two to three trial dates, each lasting approximately seven hours. Clients should also anticipate one to two hours of billable time for every hour spent in court.

Thus, if the difference between the two parties on child support or alimony is not substantial, it may not be worthwhile to go to trial. In the event of custody disputes, settling the matter outside of court by exploring every possible permutation is essential. By engaging in discussions to consider access time and other variables, clients can avoid a trial and reduce legal fees.

Joint custody is an additional issue that often arises in custody disputes, and it rarely leads to litigation. Parents can use various applications such as Family Wizard, Talking Parents, or 2Houses to facilitate communication regarding joint custody issues without direct contact with the other parent. This approach can provide an effective way to avoid the high costs of a trial.

In some cases, a client may be at risk of losing physical custody of their child. To prevent this outcome, legal counsel may suggest offering a midweek visit or two, sharing access time over the summer, school breaks, and holidays. Clients should consider this option instead of paying higher legal fees for a trial, especially when the outcome is uncertain.

With the guidance of a skilled attorney for Family Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.  For more information on Family Law in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 797-1188 today.