Engagement in a family law case can be an emotional experience, so having an experienced attorney at your side to navigate the process and protect your rights is vital.
Family court and most civil lawsuits impose a lesser burden of proof than criminal trials, usually by showing a preponderance of evidence to support your position.
1. Settlement Conferences
If you and your spouse or partner can’t come to an agreement on important issues like child custody and property division, a judge will convene a settlement conference. Ideally this meeting takes place in person but phone or video conference can also be utilized.
At this meeting, both parties exchange their concerns and outline what needs to be resolved. This allows for everyone involved to gain a deeper understanding of one another and increases chances of reaching a compromise agreement. When discussing children involved, this includes discussing who will serve as primary caregiver and when each parent gets time with their kids during weekdays, weekends and holidays.
A judge will also go over the rules of family law in order to help both parties understand their legal rights and responsibilities, saving both sides time and money while alleviating stress and helping families find solutions that work. For instance, if both parties can agree upon certain facts of a case they can file an agreed statement of fact which reduces direct testimony at trial.
2. Mediation
Mediation offers families an efficient and cost-effective method of settling family law disputes more quickly and cost effectively than litigation. Mediation offers a safe space where parties can freely discuss issues without being judged for remarks made at random or under duress that might later come back to bite them in court proceedings.
Mediation differs from court proceedings in that its standards for proof are less stringent: more likely true than not is enough. This lower burden allows parties involved in mediation sessions to reach solutions quicker with reduced stress levels.
Mediation also facilitates creative solutions not available through court proceedings, such as custody arrangements that take into account each family’s unique needs or financial arrangements that take into account seasonal income fluctuations such as flexible spousal support payments.
3. Arbitration
Families dealing with complex finances often prefer arbitration as an avenue for dispute resolution, rather than court proceedings. Notaries and family lawyers can insert arbitration clauses in prenuptial or divorce settlement agreements to utilize existing arbitration institutions for these cases.
Arbitration offers families an avenue for discussing and settling disagreements in private with legal professionals. Furthermore, arbitration keeps sensitive information away from public view – making it ideal for families that wish to keep their wealth situation confidential.
Arbitration can significantly lower both costs and speed of litigation; however, parties should always carefully consider whether arbitration will best serve their dispute. It is crucial that arbitrators with experience in handling complex legal and technical issues like asset division between multiple countries/legal structures be selected as arbitrators.
4. Trial
If the case cannot be settled through alternative means, trial may be the next step. At trial, a judge hears evidence and makes a ruling based on what’s presented before him or her; they don’t know anything about you or your spouse and can only decide on evidence provided to them.
Trial is the process by which each side presents their case through direct testimony by witnesses and exhibits or documents presented as evidence by them. Each party also has the opportunity to question the witnesses from opposing sides during trial proceedings; you should always consult your lawyer prior to making statements that could harm your case in court.
Trials can either be bench trials or jury trials. Most custody, visitation, support and paternity cases involve bench trials; if you feel that the final order or judgment was legally incorrect you can file an appeal asking a higher court to review your case.
