Legal Question in Family Law in New York
changing a hearing to a confernce
My lawyer has filed a contempt charge regarding the division of assets post divorce. Their was a hearing scheduled. The two parties met at the court and there was no judge present through any of it. I asked my lawyer why the judge was not present and she told me that it was perfectly standard for a judge to turn a hearing into a conference. I find this totally bizarre. Can anyone tell me if this is appropriate. It seems to have gone from contempt to enforcement without consulting with me.
1 Answer from Attorneys
Re: changing a hearing to a confernce
Yes this is appropriate.
Rather than have a hearing, sometimes Judges and their law clerks (who are lawyers under the authority of a judge) seek to settle the problem. Remember a poor settlement is better than a great loss)
If the matter can't be settled, the court (which includes the judges and their clerk) can reschedule or set it down for trial.
This is not bizarre, it happens quite often