Family Court Hearings
Navigating the family court system can be complex and overwhelming, especially if you’re not familiar with the legal terminology and processes involved. Whether you’re facing a divorce, custody battle, or any other family-related legal issue, understanding the different types of court hearings and their purposes can help demystify the process. This comprehensive guide will walk you through the various family court hearings, what to expect, and how to prepare for them.
Pretrial Hearings: What You Need to Know
What is a Pretrial Hearing?
A pretrial hearing is a meeting that occurs before the actual trial. It allows both parties and their attorneys to discuss the case with the judge, set timelines, and resolve any procedural issues. The purpose of a pretrial hearing is to streamline the upcoming trial by clarifying the matters in dispute and potentially settling some issues without the need for a full trial.
Pretrial hearings in family court cases, such as divorce, serve to address preliminary matters and encourage settlement before proceeding to trial. For example, if the parties do not agree on a specific issue such as if a case should involve alimony or not, the parties can voice their arguments to the judge. The judge can then “weigh in” or verbally give their opinion to the parties on how they might rule on the issue should it go to trial. This provides clarity to the parties about the issue and hopefully moves the negotiations in the right direction.
What Happens at a Pretrial Hearing?
During a pretrial hearing, the judge and the parties involved will discuss several aspects of the case, including evidence, witnesses, and any pending motions. The judge may also encourage both parties to settle disputes amicably to avoid a lengthy trial.
For divorce cases, this may involve discussions around asset division, child custody, and support arrangements. The judge may also set deadlines for discovery and filing motions.
Status Hearings Explained
What is a Status Hearing?
A status hearing is a court proceeding that allows the judge to check the progress of a case. These hearings are common in family law to ensure that cases are moving forward and to address any issues that may arise during the legal process.
Is a Status Hearing a Good Thing?
A status hearing can be beneficial as it provides a structured timeline for your case and ensures that both parties are adhering to court orders. It’s an opportunity for you to express any concerns or issues that have emerged since the last hearing and to request further court intervention if necessary.
What to Expect at a Status Hearing
During a status hearing, the judge will review the case’s current status, including any progress made in settlement negotiations or compliance with previous court orders. The judge may issue further instructions or set new deadlines as needed to keep the case moving efficiently.
Motion Hearings: Purpose and Process
What is a Motion Hearing?
A motion hearing occurs when one of the parties in a case files a motion requesting the court to make a specific ruling or take a certain action. These hearings are crucial for resolving procedural or substantive issues before or during a trial.
A motion can cover various requests, such as compelling the opposing party to provide evidence, modifying a temporary custody order, or issuing orders on temporary child support and custody.
What to Expect During a Motion Hearing
At a motion hearing, both parties will present their arguments regarding the motion. The party filing the motion will explain why the court should grant their request, while the opposing party will argue against it. After hearing both sides, the judge will make a decision on the motion. Sometimes in Massachusetts Probate and Family courts a judge end the hearing by taking the motion “under advisement.” The judge will at some point issue orders, however the length of time it takes a judge to issue orders varies.
Common Types of Motion Hearings
- Motion to Compel: Requests the court to order a party to produce evidence or comply with discovery requests.
- Motion for Temporary Orders: Asks the court to issue an order that will dictate several different factors during the divorce process such as custody, support and dissipation of assets. Divorce proceedings can take a long time and this motion is used as a tool so that in the event parties cannot agree on important decisions, they do not have to wait until a final order or a trial proceeding.
- Motion to Appoint a Guardian ad Litem: Asks the court to order an expert to assist with child custody determinations.
Understanding the Difference Between Hearings and Trials
Hearings vs. Trials
A hearing is a legal proceeding where the judge makes decisions on specific issues in a case. Hearings can occur at various stages of a legal process, and they can be short and focused on particular matters, such as motions or status updates.
A trial, on the other hand, is a more formal and comprehensive proceeding where all aspects of a case are examined, and a final judgment is made. Trials involve presenting evidence, witness testimonies, and arguments from both parties before a judge. In Massachusetts there are no jury trials in the Probate and Family Courts.
When to Expect a Trial
In family court, most cases never proceed to trial. Many disputes are resolved through negotiations or settlements during pretrial hearings or mediation. However, if significant issues remain unresolved, a trial may be necessary to reach a final decision. See our trial guide here.