Jury Trial For Divorce In Massachusetts
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FAQ
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
Status and Pre-Trial Hearings These are generally short hearings to share with the Court how close (or not) the parties are to settling the case. For example, the judge might ask if mediation has been completed or financial documents exchanged yet.
Massachusetts Divorce Timeline Uncontested DivorceContested DivorceWaiting Time for Hearing after Request (est.) Fault Divorce 4 – 8 weeks No-Fault Divorce 4 – 8 weeks Fault Divorce 4 – 9 months No-Fault Divorce 4 – 9 months
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.
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.
Despite what people may think, around 95% of divorces actually settle without the need to go to trial and have extensive litigation.
A divorce may go to trial if the parties are unable to reach an agreement through mediation or other means. In this situation, the court will make a decision on the issues in dispute, such as property division, spousal support, and child custody.