95% of family law cases are settled and the Court encourages parties to do so. The court schedules mandatory settlement conferences so the parties can reach a Marital Settlement Agreement.
Remember the court system has a limited number of courtrooms, a limited amount of courtroom time, and a limited number of family law judges.
Some cases do not settle for many reasons. Sometimes emotions are too high. And, generally, the fight is over money or child custody.
If the parties cannot settle, then they must let a judge decide at a family law trial.
It is important for a lay party (i.e., not attorney) to understand the terms used and sequence of a trial because it is confusing. Family law attorneys help understand legal terms used, and sequence of events at trial.
Like a play, there are three “scenes”. The opening scene is the opening statement by a party which tells the judge what the evidence will show. Next, the party presents his or her evidence through testimony or documents during their case in chief. In the end, the party during closing tells the judge what the evidence has shown.
Generally, in a family law case, the only two witnesses that testify are the Petitioner and the Respondent. If the facts presented by the parties are conflicted, the judge will have to decide the parties’ credibility. Also, in a custody dispute, other witnesses may be psychological evaluator(s), and in a financial dispute, other witnesses may be forensic accountant(s).
Finally, if finances permit, hire an attorney to help you try to settle your case.
