What percentage of divorces go to trial?
Most divorce cases are settled out of court. About five percent of divorce cases do go to trial. The divorce proceedings may take anywhere from less than one year to a few years, depending on the location of the divorce.
Should I settle or go to trial?
A settlement can be faster, more efficient, less costly and less stressful than a trial. Con: You might receive less money in compensation through a settlement than you could feasibly attain during a personal injury trial in West Virginia. Pro: You remain in control over the outcome of settlement negotiations.
Why would a judge postpone a hearing?
A hearing may be postponed by the Judge on his own initiative or for good cause shown upon the motion of a party. A motion for postponement shall state the position of the other parties, either by a joint motion or by a representation of the moving party.
How long can a lawyer delay a trial?
There is no hard and fast rule set out in the US Constitution that defines how long is too long for a delay. However, one rule of thumb is eight months. Courts will usually presume they delay of this length has been sufficient to satisfy a defendant’s claim that their right to a speedy trial is being denied.
Why does family court take so long?
In the Family Court in Sydney, the average waiting period until your trial date is over 18 months, with some parties facing delays that stretch into years. If your matter involves a lot of conflict and argument over every detail, this can take even longer as each directions hearing adds a delay of three to six months.
How long can a defendant be held before their right to a speedy trial has been violated?
United States , the U.S. Supreme Court rules that an 8½-year delay between the government’s indictment of a defendant and the defendant’s arrest violates the defendant’s Sixth Amendment right to a speedy trial.