STEP 5 - FINAL HEARING
(A) At this point your attorney has been negotiating with your spouse's attorney trying to reach an agreement. If this is successful, the court will put through your divorce without a trial. On the day of your hearing, you will appear before a judge and your attorney will ask you questions relating to the reasons why you have asked for a divorce. You do not have to be specific if you are alleging cruelty. Your own attorney will also question you about the fairness of the agreement.
(B) If you do not settle, you will be faced with a trial before a judge. In matrimonial trials, there is no jury. A judge hears both sides of the story, reviews the proofs submitted by each party's attorney, and reaches a decision.
(C) If you are unhappy with the result, you can appeal. The Appellate Division sends cases back to the trial judge for another hearing more times in family matters than any other type of case.
(D) People who reach a negotiated settelement usually are happier and abide by their agreements more than those who have gone to trial.
(E) If your spouse is not living up to the agreement or order, you can enforce it with a post judgment motion.
