Family Court Hearings
Navigating a legal matter in the family court system can be overwhelming, especially if you’re not familiar with the legal terminology and processes involved. Whether you’re facing a divorce, custody dispute, 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” is a court hearing that occurs before the actual trial. It allows both parties and/or their attorneys to briefly explain the case to 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 pre-trial hearing, (or pre-trial conference) the judge and the parties involved will discuss several aspects of the case, including evidentiary issues, pending motions, the time a trial will take, and whether any discovery is outstanding. 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.
What Happens Before a Pretrial Hearing?
In most Massachusetts divorce cases the parties and their lawyers will be required to meet at least one week before the pretrial to see whether they can come to agreement on the issues in dispute. Several days before the pretrial the parties or lawyers are required to file a “pretrial memorandum.” The courts give explicit instructions about this filing in pretrial hearing notices. If you do not have a lawyer, be sure to read that notice very carefully; it explains what needs to be submitted.
It is also common that negotiations toward settlement reach a high intensity. Often parties want to resolve the divorce in time for the pretrial so that they can get divorced at that hearing, or go to judgment if it is not a divorce case.
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 along the way.
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
We often get questions about status hearings. During a status hearing, or status conference, the judge will listen to the parties or lawyers briefly explain 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. Motions in family court play an instrumental role in resolving procedural or substantive issues before 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 payments and physical or legal custody.
What to Expect During a Motion Hearing
At a motion hearing, both parties will briefly present their arguments regarding the motion. The party filing the motion will explain why the court should grant their request, while the opposing party may 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 will 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 Motion Hearings and Types of Motions
- 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 major decisions, they do not have to wait until a final order or a trial proceeding. Temporary orders play a crucial role in family law proceedings, especially if they address a parenting plan, as they can establish a new status quo and influence future proceedings.
- Motion to Appoint a Guardian ad Litem: Asks the court to order an expert to assist with child custody matter determinations such as parenting time, custody issues and other outstanding issues involving minor children.
Understanding the Difference Between Hearings and Trials
Hearings vs. Trials
A formal 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. Hearings result in court orders; trials result in court judgments that end the case.
A divorce 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. An experienced family law attorney can provide the legal representation needed to properly present your family law matter to a judge.
When to Expect a Trial
In family court, most cases never proceed to trial. Experienced divorce attorneys resolve many disputes through negotiations or settlement agreements during pretrial hearings or mediation. However, if significant issues remain unresolved after these initial hearings, a trial may be necessary to reach a final decision. See our trial guide here.