A divorce trial isn’t something most people anticipate when they say “I do,” but for some, it becomes a necessary step in resolving deeply personal disputes. In New York, trials occur when both spouses are unable to reach an agreement on major issues, such as custody, support, or dividing property. While most divorces settle before trial, understanding how the process works and how your spouse’s attitude affects the outcome can help you feel more in control.
How Your Spouse’s Attitude Can Affect the Divorce Process
Before the divorce reaches the courtroom, it’s helpful to understand where your spouse stands. If your spouse strongly resists the divorce or refuses to cooperate, it may lead to a lengthy court battle. On the other hand, if your spouse is open to resolving matters, you might be able to avoid trial altogether.
Whether you go to trial often depends on how well you and your spouse manage disagreements. If both parties are willing to compromise, mediation may be a better, faster path. But if those efforts fail, a judge will ultimately decide the outcome because, at its core, divorce is still a legal action.
When Does a Divorce Proceed to Trial?
In New York State, a divorce goes to trial when spouses cannot agree on all the terms of their separation. This is called a “contested divorce.” Trials typically occur when there are unresolved disagreements about major issues, such as:
- Child custody or visitation
- Child support
- Spousal support (alimony)
- Division of marital property
Even after a summons and complaint are filed and served, a case only becomes contested if the other spouse disputes any part of the divorce. From there, the court holds a preliminary conference to attempt to resolve the matters. If those efforts fail (including court-mandated mediation or negotiation), the case may be scheduled for trial.
It’s worth noting that divorce trials don’t happen quickly. They’re usually scheduled at least six months after the pretrial conference, although the timeline can vary depending on the county and the judge’s calendar.
That said, going to trial is generally a last resort. A divorce will only proceed to trial if every attempt to reach a settlement has failed. Most cases don’t make it that far. Judges encourage both parties to settle because trials can be expensive, stressful, and time-consuming.
What Happens at a Divorce Trial?
If your divorce goes to trial, it’s important to know what the process involves so you can be prepared. During the trial, both sides will present their case before a judge. This may include witness testimony and supporting evidence to back up each party’s claims.
The trial is your chance to address all unresolved issues, whether it’s child custody and visitation, child support, or property division, and to present your side of the story to an impartial decision-maker. The judge will carefully consider the evidence before making a final ruling on all unresolved issues.
Keep in mind, trials can take time, especially if your spouse contests many aspects of the divorce. The more issues you disagree on, the longer and more complex the trial is likely to be.
This judge’s final decision is formalized in a legal document called the “Judgment of Divorce.” The judgment outlines the terms set by the judge. Once it is signed and filed with the court clerk, the divorce becomes official, and both parties are legally required to comply with its terms.
A Family Court Lawyer Can Help You Navigate a Divorce Trial
Navigating a divorce trial can be overwhelming, but you don’t have to do it alone. With a skilled family law attorney on your side, the process is much more manageable and less stressful. Our team is dedicated to protecting your rights and ensuring your voice is heard throughout the legal process.
If you’re seeking a smoother divorce experience, contact our office today. Our experienced Rochester divorce lawyer understands the complexities of contested divorces and is ready to help. Contact The Cimino Law Firm to schedule your consultation and move forward with confidence.
