Summary Judgment
In the most simple terms, a party may request a summary judgment when they believe that the law and lack of evidence are so overwhelmingly in their favor that a trial is unnecessary. In order to get a summary judgment, there needs to be no dispute of facts. Rather, it’s a question of how the law could be applied to the case. When a party requests a summary judgment, they’re typically requesting that the court rule in their favor without having a trial. While summary judgments are not as common in family law matters such as divorce proceedings, it is possible for a party to request a summary judgment and have their request granted. However, just because it’s possible doesn’t mean it’s likely to occur. In fact, it would be very unusual to be granted a summary judgment. It should be understood that divorces are extremely complicated and nuanced. When you get married, you and your spouse have many legal, financial, and familial ties (assuming you have children) to each other. Separating those ties is often a complicated process. While you may be successful in getting a summary judgment on one issue (such as how a decree would be interpreted post-divorce), getting a summary judgment across the entire divorce would be extremely unusual. Even if you could get a summary judgment on one issue, it would not likely be worth the financial hassle of getting the summary judgment in the first place.
Default Judgment
Default judgments are more common in divorce cases than summary judgments. While a default judgment is not necessarily the same thing, the results may be very similar. A default judgment can happen when the opposing party does not properly respond to a court action. As a result, the party who did show up to court will typically get whatever s/he is asking for. For example, if you want to move out of state, but your ex refuses to allow it, you may have to go to court to argue your position. If your ex doesn’t respond or show up to court, a judge may rule in your favor by default. This is why it’s so important to show up to court, follow court orders, and respond in a timely manner. If your spouse gets a default judgment in their favor, your ability to “undo” the judgment may be incredibly limited.
Are There Juries in Divorce Cases?
Divorce proceedings typically have bench trials, meaning that the judge hears the arguments and makes a decision without the help of a jury. In highly contentious divorces, there may be multiple issues coming to court. In states that do allow juries to be involved in family law matters, jury involvement may only extend to specific parts of a divorce. For example, a judge may decide how the assets will be divided, but a jury may decide on fault. It should be noted that even in states where juries are allowed to be part of a divorce proceeding, it is extremely unusual for a jury to be involved in any part of the divorce process. In civil matters, it isn’t unusual for parties to demand a jury trial, but that is not normal in a family law matters. If you would like a jury to be part of your trial—assuming that’s even allowed in your state—you should speak to your attorney about whether or not that would be beneficial to you.
Avoiding a Trial
While you can’t control everything about your divorce, you can certainly have a large influence on the price tag that comes with it. Going to trial is often a very expensive and time-consuming process. One of the best ways to avoid trial is to tell your attorney which issues you want to focus on so that you can prioritize those issues and reach a reasonable agreement on other issues. Your attorney will understand the laws and should have enough experience to tell you what you can reasonably expect in your divorce settlement based upon the goals you’ve laid out for them. You might not like the terms that your divorce attorney suggests that you expect. However, when two people aggressively pursue more than they can reasonably get, the divorce process is considerably more likely to drag on.
When You Need Legal Advice
If you’re filing for divorce, CoilLaw is here for you. Our attorneys are experienced in getting our clients the best outcomes possible. Contact us today to schedule your initial consultation.
