While many cases settle outside of court, a divorce attorney in East Islip New York knows that some cases should go to trial. There are certain situations in which the party’s interests will be best served by calling witnesses, presenting evidence and having a judge make a reasoned judgment. A divorce attorney in East Islip New York can meet with clients and discuss when it may be necessary to go to trial, such as in the following situations:
There Has Been Abuse
If the marriage was ridden with abuse, trial may be the only option that puts the parties on equal footing. During negotiations or mediation, the abuser may attempt to manipulate or intimidate the victimized party during these conversations. He or she may attempt to make the situation more difficult as a way to keep control over the victim. Trial may be the only time when the victim may be able to honestly and fully express the situation.
The Parties Do Not Agree
In other cases, a trial can become necessary if the parties are simply unable to reach an agreement outside of court. They may disagree on a fundamental matter, such as what to do with the family home or who should have custody of the children. Sometimes the disagreement concerns a factual issue, such as the actual date of separation, which can affect how assets are divided and spousal support is determined. In these situations, a judge hears the evidence and bases his or her decision on legal precedent.