Jury Trial For Divorce In Bronx
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FAQ
In Bronx County, NY, the Supreme Court (not the Family Court) is the relevant court to handle divorce cases. The Supreme Court judge is the only one who can grant a divorce. The petitioner (the filing party) has to contact the Supreme Court in the county where either party currently resides.
There's no Federal constitutional right to a jury trial in family law cases. The jury trial guarantees in the Bill of Rights apply only to civil ``actions at law''; at the time of the Bill of Rights, divorces were ``actions in equity'', and do not fall within the right to jury trial.
STEP 1: Filing A divorce case is started when a "Summons With Notice" or "Summons and Complaint" are filed with the County Clerk's Office.
In the case where both litigants dig their heels in and are prepared to battle to the end, a divorce case can take 18 months to two years to complete, and sometimes more. In rare instances, a divorce action can drag on for 10 years or more.
It is possible to get a divorce without going to court, especially in cases where both parties mutually agree to the divorce and its terms. This process is often referred to as an ``uncontested divorce'' or ``amicable divorce.'' Here are the key steps and considerations:
In Bronx County, NY, the Supreme Court (not the Family Court) is the relevant court to handle divorce cases. The Supreme Court judge is the only one who can grant a divorce. The petitioner (the filing party) has to contact the Supreme Court in the county where either party currently resides.
Negotiating a divorce agreement to submit to the court is an option that can accelerate the process significantly. The court will have to verify that there are no issues with the agreement reached, but typically, this is not an issue when you have a New York divorce lawyer to work with.
There's no Federal constitutional right to a jury trial in family law cases. The jury trial guarantees in the Bill of Rights apply only to civil ``actions at law''; at the time of the Bill of Rights, divorces were ``actions in equity'', and do not fall within the right to jury trial.