What Is a Bench Trial in Family Court

What Is a Bench Trial in Family Court?

When it comes to family court proceedings, most people are familiar with the concept of a jury trial, where a panel of impartial citizens listens to the evidence and makes decisions regarding the case. However, there is another type of trial in family court known as a bench trial. In a bench trial, the judge hears the evidence and makes all legal determinations, without the involvement of a jury. This article will explore what a bench trial entails, when it is used, and the pros and cons associated with this type of proceeding.

A bench trial, also referred to as a court trial or a trial by judge, is a legal proceeding where a judge acts as the fact-finder, instead of a jury. The judge is responsible for evaluating the evidence presented, applying relevant laws, and making a decision on the case. In family court, bench trials are commonly used to decide issues such as child custody, visitation rights, child support, spousal support, and property division.

When Is a Bench Trial Used?

There are several situations where a bench trial may be used in family court:

1. Parties Agree: In some cases, both parties may choose to waive their right to a jury trial and opt for a bench trial instead. This decision is typically made when the parties believe that a judge is better equipped to understand the complexities of their case.

2. Simplified Issues: Bench trials are often used when the issues at hand are straightforward and do not require a jury’s deliberation. For example, if a divorcing couple has already agreed on child custody arrangements, they may choose a bench trial to finalize the divorce.

See also  What Are the Federal Laws Regarding Mailboxes

3. High Emotion Cases: In situations where emotions run high, such as custody battles or domestic violence cases, parties may prefer a bench trial as they believe a judge will make a more impartial decision compared to a jury.

4. Expediency: Bench trials tend to be faster than jury trials because they eliminate the need for jury selection, jury instructions, and jury deliberation. If time is of the essence, a bench trial may be the preferred option.

Pros and Cons of a Bench Trial:

Just like any legal proceeding, there are advantages and disadvantages associated with bench trials:


1. Expertise: Judges have extensive legal knowledge and experience in family law matters, making them well-suited to understand complex issues.

2. Efficiency: Bench trials are generally quicker than jury trials, saving time and resources.

3. Privacy: Some individuals prefer the privacy of a bench trial, as sensitive family matters can be kept confidential without the involvement of a jury.


1. Subjectivity: The outcome of a bench trial rests solely on the judge’s interpretation of the law and the evidence presented, without the input of a diverse group of jurors.

2. Bias: Although judges are expected to be impartial, there is always a possibility of bias or personal opinions influencing their decision-making process.

3. No Second Chance: In a bench trial, there is no option for appeal based on dissatisfaction with the jury’s decision, as the judge’s decision is final.

Frequently Asked Questions (FAQs):

1. Can I request a bench trial in family court?

Yes, parties have the right to waive their right to a jury trial and request a bench trial instead.

See also  What Colors Look Good With Navy Blue Pants

2. Can I change my mind after requesting a bench trial?

In most cases, a request to change from a bench trial to a jury trial is subject to the court’s discretion and dependent on the stage of the proceedings.

3. How does a judge decide in a bench trial?

The judge evaluates the evidence, applies relevant laws, and makes a decision based on their interpretation of the facts presented.

4. Can a bench trial be appealed?

While it is generally more difficult to successfully appeal a decision made in a bench trial, it is still possible if there are legal errors or misconduct by the judge.

5. How long does a bench trial in family court usually take?

The duration of a bench trial can vary depending on the complexity of the case, but they are usually shorter than jury trials.

6. Are bench trials more cost-effective?

Bench trials tend to be more cost-effective than jury trials since they eliminate the need for jury selection and related expenses.

7. Can I have an attorney represent me in a bench trial?

Yes, it is highly recommended to have legal representation, as family court proceedings can be complex and having an attorney can help protect your rights and interests.

8. Can I request a jury trial if the other party wants a bench trial?

If one party requests a jury trial and the other party requests a bench trial, the court will typically grant the request of the party who requested a jury trial, as the right to a jury trial is considered fundamental in many jurisdictions.

In conclusion, a bench trial in family court involves a judge acting as the fact-finder and making all legal determinations. It is used in various scenarios, including when parties agree, the issues are simplified, emotions are high, or expediency is crucial. While bench trials offer efficiency and expertise, there are concerns regarding subjectivity and potential bias. Understanding the pros and cons, as well as the frequently asked questions, can help individuals navigate the complexities of family court proceedings and make informed decisions about the trial process.

See also  What Does Resequenced Mean IRS
Scroll to Top