Informal family law trials (IFLTs) are exactly as they sound – an “informal” manner of engaging in a family law trial. Dependent on the consent of both parties as well as the court’s approval, IFLTs are frequently held to resolve family law matters such as parenting plans, residential schedules, child support, and dissolutions of marriage among others.
If both parties agree, an IFLT must be selected within 30 days before the trial. Moreover, parties effectively waive their rights of appeal. With that said, nothing prevents either party from filing a direct appeal at the IFLT’s conclusion. If an IFLT is requested after a trial has begun, the court will decide whether enforcement of the trial rules, once the IFLT begins, will affect the best interests of the child (or either party).
What Can You Expect?
The first thing that occurs at an IFLT is the court’s request of a summary of the issues. The moving party addresses the court and the represented party may be questioned regarding evidence by the court. However, in contrast to a typical trial, counsel may not question a represented party.
Second, Rules of Evidence do not apply to IFLTs. The court receives and admits evidence provided by both parties and the judge determines the weight and credibility. Parties as well as their counsel have the opportunity to respond to the other party’s statements and to make codensed legal arguments.
At the conclusion, the court makes its ruling or requests additional time (no later than 90 days).
Pros
Cost and Time
IFLTs are less time-consuming and less expensive. Most IFLTs are half as expensive as a regular trial and some can last just one day.
Access to the Judge
In an IFLT, both parties may speak directly with the judge. Objections and interruptions are non-existent and the formal rules prevalent in regular court proceedings do not affect what you can say in court.
Cons
Expert testimony is allowed in IFLTs, but some have questioned whether judges give the same amount of consideration to them as a judge would in a normal trial. Experts do not testify; rather, they submit a report to the judge. Expert testimony can often be compelling and convincing. If experts are critical to a case, the client or attorney will need to make a formal request for the expert to testify. Expert witnesses can be expensive, so it is imperative not to “waste” their talent.
