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  1. #1
    Join Date
    Feb 2018
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    Default Who Determines if a Divorce Case Goes to Trial

    My question involves a marriage in the state of: Massachusetts

    Who determines if a divorce goes to trial? The judge handling the case or my spouse?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Divorce

    Quote Quoting Chiswick
    View Post
    My question involves a marriage in the state of: Massachusetts

    Who determines if a divorce goes to trial? The judge handling the case or my spouse?
    Anytime a judge makes a decision in a divorce its a divorce that has "gone to trial". The only divorces that don't go to trial are those that are 100% agreed upon in all details.
    Did you perhaps have a different question?

  3. #3
    Join Date
    Feb 2018
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    8

    Default Re: Divorce

    Well we have a vacate order hearing coming up for my wife to vacate because judge said at pretrial buy her out get her out. We then have a settlement conference the next month. My wife wants to fight all the way to a trial because she is making accusations of hidden assets but all discovery has been done and accounted for. Is it up to judge order a trial or force us to come to an agreement?

  4. #4
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    Sep 2005
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    Default Re: Divorce

    f you are speaking about the trial on the remaining issues at the conclusion of pretrial proceedings, where all remaining issues are resolved by the court, the question of whether or not the case goes to trial depends upon whether or not you and your spouse settle all remaining issues so that a trial becomes unnecessary.

    If you settle all of the issues, you can submit a proposed consent judgment to the court and, once a proper foundation is laid, obtain a divorce consistent with your judgment.

    If you do not settle all of the issues, then a trial will be held to resolve the remaining issues.

  5. #5
    Join Date
    Jan 2018
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    Forest Hills, N.Y.
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    1

    Default Re: Divorce

    Apart from settlement, a divorce trial is the only way that a court can make a final decision about your case.

  6. #6
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Who Determines if a Divorce Case Goes to Trial

    A trial is needed any time there are factual disputes between the parties that they cannot agree upon. If you can agree on all the facts, then a trial is not needed to resolve any legal dispute between the parties — that is what summary judgment is for.

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