Many individuals fear that their case will end up in a courtroom. The reality is, most cases do not ever go to court, even at the temporary order stage. However, if you have a highly contentious or high-conflict case, you would be somebody that’s more likely to go to court and go to trial.
There are two different events that most people call, quote, “trial.” The first is temporary orders, and technically that’s not a full blown trial. But it’s a very important moment in your case that does actually end up in a courtroom. And temporary orders can encompass all sorts of subjects– for example, financials during the pendency of the marriage, as well as possession schedule between you and your spouse, and who’s going to have the children as the divorce process is going on.
The second time that individuals refer to trial is actually a final hearing or a final trial, and that is how your full case is disposed of and how the court rules or, if it’s appropriate, how a jury might rule. And again, most cases never see the courtroom. And beyond that, hardly any cases go to trial, but those that do have a couple of important features.
The first is there’s a level of conflict and disagreement that cannot be breached between two parents or husband and wife. And the trial could be about all sorts of different topics. Primarily, trials happen about custody, possession schedule, decision-making, rights and duties of parents.
Secondarily, the trial can be about something very simple, and that’s money or value received.
And trials can take place for all these reasons.