Divorce trials can be complex and emotionally draining for all parties involved. If you are going through a divorce in New York, it is essential to understand what to expect during a divorce trial. In this blog post, we will discuss the different stages of a New York divorce trial and what you can expect during each stage.
Pre-Trial Conference:
Before a divorce trial begins, there will be a pre-trial conference. This conference is usually held in the judge’s chambers and involves the attorneys for both parties. During this conference, the judge will discuss the issues in the case and try to facilitate a settlement between the parties. If the parties are unable to reach a settlement, the judge will set a trial date.
Discovery:
Discovery is the process by which both parties obtain information from each other about the case. This can include financial documents, medical records, and other relevant information. The discovery process can be lengthy, and both parties must comply with all requests for information.
Opening Statements:
At the beginning of the trial, both parties will make opening statements. The purpose of these statements is to provide an overview of the case and the evidence that will be presented. The plaintiff will go first, followed by the defendant.
Witness Testimony:
During the trial, witnesses will be called to testify. These witnesses can include family members, friends, experts, and other individuals who have relevant information about the case. Both parties will have the opportunity to cross-examine each witness.
Evidence Presentation:
Each party will present evidence to support their case. This evidence can include documents, photographs, and other physical evidence. The judge will evaluate the evidence and make a ruling based on the evidence presented.
Closing Arguments:
After all the evidence has been presented, both parties will make closing arguments. These arguments are designed to summarize the evidence presented and convince the judge to rule in their favor.
Judgment:
Once the trial is complete, the judge will make a ruling. This ruling will include the terms of the divorce, including property division, child custody, and support. Both parties must comply with the judge’s ruling.
Post-Trial Motions:
After the judge’s ruling, either party may file a post-trial motion to ask the judge to reconsider or modify their decision. These motions must be filed within a specific time frame, and the judge will evaluate the request before making any changes to their original ruling.
Appeals:
If either party disagrees with the judge’s ruling, they can file an appeal. This means that the case will be reviewed by a higher court, and a new ruling may be made. Appeals can be time-consuming and expensive, and it is essential to have an experienced appellate attorney if you decide to pursue this option.
Implementation of the Judgment:
Once the judge’s ruling is final, both parties must comply with the terms of the judgment. This may involve transferring property, paying support or alimony, and following any custody or visitation schedules. Failure to comply with the judge’s ruling can result in penalties, including fines and even imprisonment.
As a family law firm located in Albany, New York, we have extensive experience handling divorce trial cases in New York. At Jean M. Mahserjian, Esq., P.C, we can provide you with experienced legal representation for your divorce trial, as well as mediation services, post-trial motions, and appeals. We understand that divorce can be a difficult and emotional time, and we are committed to helping you navigate this process with confidence and clarity.
Our team of experienced attorneys can help you understand your rights and responsibilities, gather evidence, and present your case to the judge. We can also provide collaborative divorce services, which offer a less adversarial way of resolving divorce issues. Additionally, we can assist you with property division, child custody, and support, which are often the most contentious issues in a divorce trial.
At Jean M. Mahserjian, Esq., P.C, we are dedicated to providing our clients with the highest level of legal representation and support. We believe that every client deserves personalized attention and care, and we work closely with our clients to understand their unique needs and goals.
If you are facing a divorce trial in New York, we can help. Contact us today to schedule a consultation and learn more about how we can assist you in achieving the best possible outcome for your case.
