By Vanessa Sanders
One of the most common questions family law and matrimonial clients ask is whether they will have to go to court, and what happens if they do.
Whether a case proceeds to court often depends on whether the parties can reach an agreement through negotiations before judicial intervention becomes necessary. In some situations, such as emergencies involving safety or urgent financial concerns, court involvement may be required immediately. However, many family law matters are resolved without the parties ever needing to appear before a judge.
When court intervention is required, the process generally follows these stages:
At the initial court appearance, the judge will typically:
Advise both parties of their right to legal counsel. If one party is unrepresented and requests time to retain counsel, the court will often adjourn the matter.
Where both parties are represented, the judge will often speak with the attorneys only, sometimes in the judge’s chambers. The parties are unlikely to speak with the judge directly and may never even see the judge. This is done to preserve the court’s ability to remain fair and impartial, and clients should rest assured that their attorneys are advocating on their behalf.
Substantive rulings are uncommon at initial appearances unless there are pending motions or the court feels an issue requires immediate attention.
Most cases involve multiple court conferences designed to encourage settlement and avoid trial whenever possible.
During these conferences:
Because evidence must comply with legal rules, such as hearsay restrictions, much of it cannot be provided to the judge until trial.
If either party files a motion requesting specific court action, the court will schedule a hearing date.
This process usually includes:
Some motions are decided through attorney argument alone, while others may require witness testimony.
The court may schedule compliance conferences to ensure:
The number of conferences varies depending on the complexity of the case and judicial preferences.
Before trial, the court will generally hold a final pretrial conference to give the parties one last opportunity to settle the matter.
If the parties reach an agreement, they may submit:
This can often eliminate future court appearances, although some judges may require one final appearance to confirm that both parties understand and voluntarily accept the agreement.
If a settlement is not possible, the case proceeds to trial.
At trial:
For many litigants, the trial is the first opportunity to directly tell their story to the judge and formally present their evidence.
While every case is unique and court procedures may vary depending on the judge and circumstances, clients who understand the general litigation process are often better prepared than those with unrealistic expectations.
Having a realistic understanding of the court process can reduce anxiety, improve decision-making, and help clients work more effectively with their attorney throughout their case.
At the Colwell Law Group, our number one priority is always our clients. The members of our team have decades of combined experience in negotiating and trying family law cases. We are able to use our experience and our knowledge of the courts and New York family law to act as advocates for our clients. Our lawyers are dedicated to serving our clients’ best interests while also allowing them to feel heard and understood. We want to ensure that they trust us and understand why we do what we do. Colwell Law has numerous attorneys who are experienced in Family Law that can help put you at ease. Call for a consultation.
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