Legal Question in Family Law in New York
Are there separate hearings/trials for all of the different parts of a divorce: grounds, equitable distribution, custody, etc.?
3 Answers from Attorneys
Typically in a contested divorce there is a preliminary conference at which a schedule is developed, working backwards from a trial date. The schedule includes all discovery and motion practice. The single trial date is set to resolve all issues on which agreement has not been reached prior to trial.
I somewhat agree with David. Some jurisdictions have a separate grounds trial, since, without grounds you can't have a divorce. So why waste everyone's time.
Some jurisdictions also have a separate custody hearing early on, since, it effects the children and should be handled promptly.
David is correct about the preliminary conference. In many cases the issue of grounds and custody are not contested.
Mike.
Generally all issues are worked out in the preliminary stages.
If there are issues that cannot be resolved during the preliminary stage, they will be determined at the trial.
Patricia Martin-Gibbons
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