What Is Summary Judgment?
In the most simple terms, what is summary judgment is best understood as a request a party can make 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 is a question of how the law could be applied to the case. When a party requests a summary judgment, they are 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 is possible does not mean it is 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 made certain financial and legal entanglements that can take time to undo. How quickly a motion like this moves through court can also depend on Utah’s three-track court system under Rule 100A, which determines how different motions are scheduled.
What If You Want a Jury Trial?
In family law cases such as divorces, jury trials are extremely rare. In Utah, jury trials in family law cases are not typically allowed. Even in states where they are, juries are not commonly involved. A jury trial is far more common in criminal cases or some civil cases. In a state where juries are allowed to be part of divorce proceedings, the role of the jury may extend only 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 is not unusual for parties to demand a jury trial, but that is not normal in family law matters. If you would like a jury to be part of your trial, assuming that is 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 cannot 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. Understanding what is summary judgment can also help you and your attorney decide whether to pursue that path. 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 have 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
Summary Judgment in Plain Terms
Summary judgment is a way for a court to decide a case, or part of a case, without a full trial. A party asks the judge to rule in their favor because there is no genuine dispute about the important facts, and the law clearly points to one outcome. If the judge agrees, that issue is resolved without the time and expense of trial.
When It Applies
The key requirement is that the material facts are not in dispute. If both sides essentially agree on what happened and the only question is how the law applies, summary judgment may be appropriate. If the facts are contested and a judge or jury needs to decide who is right, the case generally proceeds toward trial instead.
Summary Judgment in Divorce Cases
Full summary judgment is less common in divorce than in other civil cases, because divorces often involve disputed facts about finances, parenting, and conduct. Still, it can be used to resolve specific issues, such as enforcing a valid prenuptial agreement or settling a narrow legal question, which can streamline the rest of the case.
How the Process Works
The party seeking summary judgment files a motion supported by evidence like affidavits, documents, and sworn testimony. The other side responds with their own evidence. The judge then reviews everything in the light most favorable to the side opposing the motion. The motion is granted only if there is truly no genuine dispute of material fact.
Why It Matters for You
Understanding summary judgment helps you see how parts of your case might be resolved early. Used well, it can save time and money. A Salt Lake City divorce attorney can tell you whether it could help in your situation. Contact our team to learn more.
Summary Judgment Compared to a Trial
The difference between summary judgment and a trial comes down to whether the facts are disputed. A trial exists to resolve conflicting accounts, with witnesses, testimony, and a judge or jury weighing credibility. Summary judgment skips that step precisely because there is nothing factual left to weigh. Because of that high standard, courts do not grant these motions lightly, and the party opposing the motion only needs to show a genuine factual dispute to keep the case moving toward trial. Knowing where your case falls on that line helps you and your attorney decide whether filing or opposing such a motion is worth the effort.
Frequently Asked Questions
Is summary judgment common in divorce?
Full summary judgment is less common because divorces often involve disputed facts, but it can resolve specific narrow issues.
What is the standard for summary judgment?
It is granted only when there is no genuine dispute about the material facts and the law clearly favors one side.
If you are 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.
