Should My Divorce Case Proceed to Trial in NYC?

new york divorce lawyer
The judge told all the parties to either settle the divorce case. Or, go to trial where he will decide their future.
Every day in State Supreme Courts in New York City, Judges warn divorce litigants that if they do not settle their case another way, they will proceed to trial. Whether you should go to trial or not should be determined after a long discussion with your lawyer. You should make sure the lawyer that you have has the experience to actually try your case.

Many divorce litigants are surprised at how little experience their own lawyer actually has once a case goes to court. Sometimes people must go to trial because their husband or wife is actually crazy. Some people are so bitter that they cannot determine if the deal that is on the table is actually a fair deal. It is good to let a separation case go to trial without having solicited the services of a competent New York divorce lawyer.

Trial Specifics for Divorce Cases

A divorce trial normally consists of both parties and their respective lawyers. They present evidence. Then, they do cross-examinations to try and bolster the merit of their particular case; compromising the merits of the opposition.

In the state of New York, if a divorce case proceeds to court, all evidence will be tried and analyzed by a judge, not a jury. This means that the judge alone makes final decisions as to the outcomes and resolutions. 

Make sure you have a divorce lawyer in New York who actually has experience. An experienced divorce lawyer who has trial experience will generally always prevail against a lawyer without the same level of experience. Counseling people during a divorce is a skill, many lawyers lack this skill and ultimately their clients will suffer.

A deal is only good if your divorce lawyer explains all the ramifications of the settlement. If your lawyer cannot answer your questions in an intelligent and coherent manner, run.

Signs Your Divorce Case Should Proceed to Trial in New York

Divorce proceedings can be emotionally taxing and complex, particularly when the parties involved are unable to agree on key issues. While many divorce cases in New York are resolved through mediation or negotiation, leading to a settlement agreed upon by both parties, some cases may necessitate going to trial. Understanding the signs that your divorce case should proceed to trial is crucial for preparing yourself for the possible outcomes.

Here are several key indicators that your divorce may need to be resolved in court:

1. Unresolved Financial Disputes

High-Asset Divorce

When significant assets are at stake, including real estate, businesses, investments, and retirement accounts, reaching an amicable settlement can be challenging. High-asset divorces often require thorough investigation and valuation of assets, making it difficult for both parties to agree outside of court.

Hidden Assets

If you suspect your spouse is hiding assets or not being transparent about their finances, a trial may be necessary. The court has the authority to order discovery and investigation into the finances of both parties, ensuring a fair distribution of assets.

2. Custody and Child Support Issues

Disagreements Over Custody

When parents cannot agree on custody arrangements or parenting time, the decision may need to be made by a judge. The court will consider the best interests of the child, including the child’s relationship with each parent, the parent’s ability to provide for the child, and any history of abuse or neglect.

Child Support Disagreements

If negotiations regarding child support payments are unsuccessful, a trial may be required to determine the appropriate amount. The court will consider factors such as the income of both parents, the needs of the child, and any special circumstances.

3. Lack of Cooperation or Communication

Unwillingness to Negotiate

When one party is unwilling to negotiate or compromise on any terms of the divorce, proceeding to trial may be the only option. This lack of cooperation can prolong the divorce process and increase costs.

Abuse or Domestic Violence

In cases involving abuse or domestic violence, the safety and well-being of the victim and any children involved are paramount. A trial may be necessary to ensure protective orders are in place and to address custody and support issues safely.

4. Legal Complexity

Disputes Over Prenuptial Agreements

If there is a disagreement over the validity or interpretation of a prenuptial agreement, a judge may need to make the final determination.

Complex Legal Issues

Divorces involving complex legal issues, such as jurisdictional disputes or the application of law to unique situations, may require a trial for resolution.

Hire an Experienced NYC Attorney To Help You With Your Divorce Case

Brian D. Perskin and Associates can help you reach the best possible outcome. Through aggressive yet intelligent and tactful means, we have successfully defended the rights and property of many clients in the New York area. 

Our emphasis on a case-to-case approach allows us to customize our representative strategies. In order to fit the individual needs of you, the client. We promise integrity and transparency and will treat you with dignity and respect. Contact us at 877-826-7257 today to learn more.

Scroll to Top