Family Court Hearing vs. Trial

Why the Latter is Fading From Use

When someone says they are going to court for their divorce, the instant association is the vision of a trial. Nothing could be further from the reality however, as divorce trials have all but faded into obscurity with the very limited exception of cases where the parties cannot come to agreements over substantial assets, custody issues, alimony, child support or other marital separation situations.

A typical court appearance by the parties to a divorce action is commonly referred to as a hearing, not a trial. The parties in this instance are going before the Judge to have the merits, or circumstances of fact, reviewed by the Court, and a determination made as to an outcome if possible. This is done with a mind toward avoiding divorce trials; which can be very expensive, not to mention time consuming for everyone involved, including the family court system.

It is in the best interest of all parties to any domestic relations action to have at least some basic intent to settle the divorce prior to having to go to trial. And if the parties are unable to reach an equitable solution even after trial, then in most cases the Judge will impose the Court's settlement anyway.

In the Massachusetts Probate and Family Court system, the parties are not even allowed the hearing process until they have completed all aspects of reaching a resolution and discover, and have come to at least a workable settlement agreement between them.

Finally, there is nothing more draining than having to endure the proceeds of a Family Court Divorce trial for everyone involved. However, and in particular, children in these instances do very poorly having to witness their parents continued inability to reach a peaceful conclusion to something that is already causing them substantial pain.

Remember to seek the advice and counsel of a qualified domestic relations and family court attorney prior to taking any legal action on your own in the RI Family Court.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.