Divorce Trials are Nearly extinct in RI by a Rhode Island Divorce Lawyer
Divorce Cases rarely go to trial In Rhode Island. This Rhode Island Law Article explains why it is rare for a Divorce Trial to commence. This article explains why the RI Family Court Process both encourages settlement and wears parties down to the point that they feel that they should settle their divorce.
Divorce trials are very different from divorce hearings. A hearing in Family Court is when a judge hears testimony of witnesses or hears arguments from counsel about pretrial matters such as Child Custody, Rhode Island Child Support, Child Visitation, Contempt, Restraining Orders, Discovery motions, Motions to Modify Child Support, Temporary Alimony etc.
Article by Rhode Island Divorce Lawyer, David Slepkow 401-437-1100
Divorce hearings occur much more frequently than Divorce trials. When the parties reach a settlement there must be a brief "nominal" hearing. Husband and wife must testify at that nominal hearing. This type of hearing is a formality.
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There are a myriad of reasons for the miniscule amount of Rhode Island Divorce Trials. A fundamental "culture" and practice has evolved over decades in Rhode Island Family Court. This Culture and Process encourages out of Court settlements both directly and indirectly. This process also subtly punishes those litigants who do not settle their divorce.
In some instances, the pressure for a settlement is direct from the Trial Judge. In other instances, the parties perceive that if they perceived as being unreasonable then there will be some sort of penalty or adverse ruling at trial. Often that perception is just a perception rather than a reality. Sometimes the perception is a reality.
In some ways, a divorce trial is viewed by the Court as a breakdown of the system. The entire process is premised around parties reaching a settlement prior to trial.
The system, in itself, tends to wear the parties down to the point that they feel they have no other realistic option but to settle. Parties can be worn down both emotionally and financially by the Rhode Island Family Court process.
As far as equitable division of Assets in a Rhode Island Divorce is concerned, there is usually no absolute winners and losers. In a Rhode Island Contract or Rhode Island Personal Injury case that goes to trial, there is usually a winner and loser. In a Rhode Island Criminal Trial, the accused is either guilty or not guilty after trial. In a Divorce Trial, the Family Court Judge attempts to fashion an equitable solution after trial. In other words, if you cannot settle your divorce there will be a quasi settlement imposed by the judge after hearing testimony.
A seasoned and experienced Rhode Island Divorce Lawyer often has a general idea as to the outcome of the divorce trial. Many cases settle because the attorney informs their client that they cannot in all likelihood do better at trial and may do a lot worse.
How do parties get worn down to the point of settlement?
There are often many Court dates prior to the Divorce Trial. These Court hearings involve waiting hours to have motions or Pretrial Conferences resolved. Cases are often continued for various reasons including the calendars of Lawyers, the litigants and the Judges. Some cases are continued because more information or documents are needed or more time is needed for various reasons.
There are often frequent review dates to determine the progress of certain orders. For example, in a Rhode Island Divorce involving Visitation or Child Custody issues, the Family Court may hold frequent review dates. These review dates often determine the progress and compliance with a visitations schedule. If a person is not paying child support on a timely basis or is falling behind on child support, there may be frequent review dates to insure compliance with Rhode Island Child Support Court orders.
In contentious Divorce cases, the parties through their Rhode Island Divorce lawyers often file frequent motions concerning: Child Custody, Child Support, Child Visitation, Restraining Orders and the disposition of Marital assets.
There are frequent Pretrial conferences. In a pretial conference, the judge attempts to facilitate a settlement or helps the parties find a middle ground towards settlement.
The Rhode Island Family Court process can wreak havoc on a litigants work schedule causing their employer to become disappointed. Some people lose their job as a result of frequent Rhode Island Family Court appearances. Some people lose income as a result of the Rhode Island Divorce process.
Many people lose a sense of their dignity going through the sometimes contentious, confusing and unpredictable RI Divorce process. There is one fundamental truth in Rhode Island Family Court. Everyone must go through a similar process irrespective or race, gender and socioeconomic class. Usually in contested Rhode Island Divorce cases, the only thing that is predictable is the unpredictable nature of Rhode Island Family Court.
Attorney fees can become too expensive for a party to afford. Expensive Attorneys fees may be caused by frequent lengthy Court Dates, waiting in Court and the time and expense of answering discovery and preparing for the trial.
In some cases when one spouse has more resources then the other spouse they may try to drive up the other spouse' attorney fees to essentially force them into settlement. This is very unfair. However, it is the real world of Divorce in Rhode Island (RI).
The trial Judge will make every effort to encourage the husband and wife to come to a settlement prior to starting a trial. Some judges will require mediation by the Court appointed Mediators. Other Judges will require the parties to essentially lock themselves in a conference room with their lawyers in the Courthouse for a day or perhaps several days until they reach a settlement. Negotiating in the Courthouse prior to trial and mediation may be time consuming and expensive for the parties.
It is very expensive and time consuming endeavor for a Rhode Island Divorce Attorney to prepare for a Divorce Trial. Parties often want to curtail the amount of trial preparation because of the expense. A Rhode Island Divorce Lawyer must prepare testimony for all witnesses they intend to call to testify in the proceeding. the Attorney must prepare cross examinations of all opposing witnesses, prepare exhibits, prepare opening and closing statements. The Lawyer must also be prepared to argue motions as well as draft an extensive pretrial memorandum etc. Many clients do not want to pay the additional expense for their Attorneys' trial preparation and would rather settle.
Divorce trials are not similar to the trials that you see on television. Usually, judges have many other matters on the calendar on the day the divorce trial is scheduled. In Many instances, the divorce trial will not start until after 11am. It is not unusual for the court to allow only 2 hours a day for the actual trial. Sometimes the Court will hear less than 2 hours of trial testimony in a day. Therefore a trial can take many days to complete. Some Trials take weeks or months to complete.
Newport Family Court has one Judge hearing divorce trials. That Judge is also responsible to hear and decide all Family Court matters in Newport County Family Court including Child Support, Divorce, Child Custody, Restraining orders etc. The Judge must resolve all matters scheduled for that day. The Judge cannot cancel all other important family Court business in order to hear a trial in Newport. The Judge must fit the trial into his or her schedule. This usually means that the trial will start after all of the courts business is resolved for that day. Newport County Includes Newport RI, Middletown, Portsmouth and Tiverton.
Kent County has 2 judges handling Divorce, Child Custody, Visitation and Family Court matters. Kent County Family Court includes Warwick, East Greenwich, Coventry and North Kingston.
Washington County Family Court has 1 judge hearing Divorce, Post Divorce Motions, Child Custody, Child support, Adoptions and Rhode Island Family Court matters. Washington county Family Court includes Wakefield, South Kingston and Narragansett etc.
Providence County Family Court includes Providence, Pawtucket, Barrington, Bristol, Warren, East Providence, Cumberland etc.
Why does the system "wear down" divorce litigants?
The Court system is overburdened and judges have many cases on the docket on a given day. If every case went to trial the system would break down. If a substantial percent of cases went to a divorce trial the system would break down. The Rhode Island Family Court Lacks the Judges and resources to have too many cases go to trial.
The Court does not tell you it is trying to wear you down. The Judges may not intend to wear you down. However, the entire process has the practical effect of wearing parties down until they feel that they must settle to cut their losses.
Even though some parties do not want to settle their divorce, they fear that going to trial will be a loss of control. The loss of control is essentially allowing the Trial judge to make decisions rather than the parties agreeing to a negotiated solution controlled by the parties. In a mediated / negotiated resolution, the parties have some control over the outcome even though they may in some ways be dissatisfied with the divorce settlement. Rhode Island Divorce Lawyers often encourage settlement so long as the settlement is fair to the clients under the circumstances.
There is often pressure from the Trial Court Judge both direct and indirect to resolve the matter short of trial. All Judges want to settle cases! Judges rarely want to hear divorce trials.
It is not unusual for a case to go to the day of trial yet settle before the trial starts. Why does this happen?
This phenomenon is often caused by clients and their lawyers attempting to get leverage to obtain the best settlement possible. There is obviously gamesmanship inherent in negotiations. Contentious Cases tend to settle immediately before a trial starts. Both sides are essentially driving at each other at 100 miles an hour but one or both usually veer at the last second to avert a collision.
What is the solution to this problem? The only real solution is to settle your divorce in a manner that is fair and equitable and in your best interests under the circumstances. Sometimes this is easier said than done!
Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.
David Slepkow is a Rhode Island Lawyer / Attorney Concentrating in Rhode Island Divorce, Family Law, Child Custody, RI Child Support, Car / Auto Accidents, Rhode Island Personal Injury Law and Rhode Island Criminal Law. Rhode Island Divorce lawyer David Slepkow has written over 50 Rhode Island (RI) Lawyer Written Law Articles. Credit Cards Accepted. Evening Appointments Available. Rhode Island Personal Injury Lawyer David Slepkow also represents clients in RI Restraining Orders, dcyf matters, Adoption, Paternity, Child Visitation, Post Divorce, Relocation, Out of State Family Law matters, Contempt, RI Slip and Fall and Trip and Fall. Please visit: Rhode Island Personal Injury and Car Accident Law Articles and also see: Rhode Island Child Support Law. Also please visit: Rhode Island Divorce Lawyer Written Articles and Rhode Island Auto, Vehicle & Car Accident Law Articles. Rhode Island RI Law Information Center. Rhode Island Child Support Lawyer Written Articles.
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ABOUT THE AUTHOR
David Slepkow is a Rhode Island Divorce Lawyer concentrating in Divorce, Family law, Restraining Orders, Child Custody, DCYF, Child Support, Personal Injury and Automobile / Car Accidents.
David has been practicing since 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free Initial Consultations. Credit Cards Accepted. You can contact attorney David Slepkow by going to http://wwww.slepkowlaw.com/ or calling him at 401-437-1100.