The following article will cover:
- Custody disputes and visitation.
- Examples of cases that warrant the time and cost of going to trial.
- The timeline and process of taking a divorce or contested family law case to trial
Is It Worth It To Go To Trial? What Are Some Examples Of Types Of Cases That Warrant The Time And Cost Both Emotionally And Financially Of Taking A Contested Case To Trial?
In family law, whether it’s a custody dispute or a financial disagreement, the decision to take a case to trial depends on the specific issue at hand. Custody cases often require a trial when the parties are unable to reach an agreement on access, time, and other key issues. In such cases, it is essential to explore every possible permutation to avoid going to trial.
For instance, if one party alleges drug or alcohol abuse or a mental illness problem, a discussion with the client is necessary to determine if the other party has had only supervised visits or unsupervised visits.
If the other party has had unsupervised visits, concerns about their fitness to care for the child may be somewhat muted. In such a case, it may be more appropriate to include policing mechanisms in the divorce settlement, such as mandatory drug or alcohol assessments, or mental health evaluations.
When it comes to financial disputes, taking a case to trial is worthwhile if the amount in dispute is significant, and the cost of going to trial is relatively lower. However, it is crucial to have a candid discussion with your attorney to evaluate the cost-benefit analysis and the odds of winning or losing the case. Generally, it takes about $30,000 to take a financial issue to trial.
What Is The Timeline And The Process Of Taking A Divorce Or Other Contested Family Law Case Through To Trial?
Once a divorce case or any other contested family law case becomes disputed, the court typically sets up preliminary, compliance, and pretrial conferences to help the parties reach a settlement. These conferences can be adjourned more than once to allow the parties to gather additional information or evidence. The court may also schedule settlement conferences, where the parties can discuss the possibility of settling the case.
In the greater New York City area, it usually takes about a year to get a case to the point of a trial. During the trial, the Judge may either go back-to-back on days or pick adjournment dates, with the trial taking place over several months. In Family Court, the process is similar, where the court holds preliminary hearings & compliance conferences to exchange CPS reports, other documents and forensic reports, and pretrial conferences before picking trials.
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.