October 31, 2025Author: Jason Weis, Esq.
October 31, 2025Author: Jason Weis, Esq.
In this episode of Attorneys Dedicated to Family Law, Curran Moher Weis partner Jason Weiss joins host Charlie McDermott to discuss one of the most challenging stages in family law — contested divorce litigation. When settlement negotiations fail, having the right trial lawyer can make all the difference. Drawing from over two decades of courtroom experience, Jason explains why some divorces inevitably go to trial, what clients should look for in a trial attorney, and how preparation is key to success in the courtroom.
Divorce cases become contested when couples cannot reach an agreement on key issues such as custody, support, or property division, requiring a judge to decide. Jason outlines how some cases — especially those involving relocation disputes or allegations of abuse — are so emotionally charged or factually complex that settlement is nearly impossible. Emotional obstacles, mental health challenges, or hidden motives can also derail negotiations, making litigation the only viable path forward.
Jason emphasizes that preparation is the hallmark of an effective trial attorney. The best trial lawyers know their clients’ stories inside and out, anticipate every question, and ensure their witnesses are ready. Preparation not only strengthens the case but also helps clients manage anxiety during an already stressful process.
A strong trial lawyer also understands how to organize evidence strategically, select only the most impactful exhibits, and present a clear, consistent story that keeps the judge’s attention. In family law, where thousands of texts or photos may exist, knowing what to leave out is just as important as what to include.
For clients facing trial, Jason advises choosing an attorney who practices almost exclusively family law. Family law is unique — it blends elements of civil, criminal, contract, and real estate law, all while dealing with deep emotional issues. Experienced family lawyers understand this complexity and can navigate both the legal and personal dimensions effectively.
He also stresses the importance of communication and compatibility between client and attorney. Each client’s needs differ — some require frequent updates and empathy, others prefer a direct, results-driven approach. Cost and attorney availability should also be realistic considerations, as contested trials often require extensive preparation and can become expensive.
Courtroom reality is far from what clients see on TV. Divorce trials rarely feature dramatic surprises or “aha” moments. Instead, time moves quickly, and even a full-day hearing often allows only a few hours for each side to present evidence and witnesses. Jason reminds clients that contested litigation can be costly — often reaching tens of thousands of dollars — but a well-prepared case gives clients the best chance for a fair outcome.
Ultimately, Jason believes success in trial comes from collaboration and storytelling. When attorney and client agree on the narrative they want to present and tell it truthfully and effectively, even an unfavorable decision can be accepted with peace of mind. Not every case ends in victory, but clients can take comfort in knowing their story was heard.
🎧 Attorneys Dedicated to Family Law is a podcast from Curran Moher Weis, offering real-world guidance on family law challenges in Virginia. In this episode, partner Jason Weiss provides an inside look at what happens when divorce negotiations fail — and how choosing the right trial lawyer can help clients face litigation with preparation, confidence, and clarity.
