Do I Want My
Divorce Case
to Go to Trial?

While it is easy to fixate on the stressful nature of going to court to finalize a divorce, much of the most difficult work takes place before the trial begins. One of the most significant tasks facing you and your attorney will be gathering evidence to support your case. Depending on what is to be discussed and ruled on at the divorce trial, this may involve significant paperwork and the identification of numerous third-party witnesses.

Certain evidence can become deeply personal. A Judge may wish to see bank statements, tax returns, and other financial statements. If there are disagreements surrounding possessions, a court might need to see statements from property appraisers to establish values.

Your attorney will typically ensure that you are always thorough in evidence collection. Any statements made to a Judge concerning financial matters without documentation and other evidence to back them up often become irrelevant.

Both you and your spouse may be deposed before the trial. This involves an interview where the answers are recorded. While your attorney can attend a deposition with you, it is relatively unusual for them to speak on your behalf. Instead, their role typically involves interviewing other parties, who will also typically speak for themselves.

When children are involved, they might also be interviewed, particularly if any of the issues over which the court has jurisdiction involve child custody.

Do consider that even when a court appearance seems inevitable, there is always time to reach an agreement before the trial starts. Indeed, in many cases, the closer you and the other party get to the courtroom, the more likely it is that an agreement will be reached.

One of the driving factors behind this increased likelihood stems from when lawyers conduct discovery. As evidence is gathered and submitted, the respective attorneys can assess what is being submitted. This may give them a clearer picture of the likely outcome than they have had previously. Crucially, they can help you consider whether the settlement offer available, if any, is likely to be better for you than what a Judge might decide.

You are required to identify and notify witnesses in advance of the trial date. If you elect to appoint expert witnesses, you should be prepared to inform the court of what you expect them to say. For other third-party witnesses, you should ensure that they are aware of what they are likely to be asked and that your attorney understands how they will respond.

The evidence presented in court must also be organized and submitted. Both attorneys present, along with the Judge, will often have their own copies of documentary evidence to refer to as the trial proceeds. This means that it is not only vital to ensure your evidence stands up to cross-examination but that it is easy to find specific information in a timely manner.

The court may require both parties to attend a pretrial conference to discuss preliminary matters. There, each spouse can inform the court of the issues that a Judge must settle. This is another opportunity to reach some level of agreement before the trial officially begins.

The court already has power and influence before the trial starts. For example, they may require you and the opposing party to attend a settlement conference. These conferences are typically overseen by a retired Judge and serve as another opportunity to settle. Of course, this time, both parties have the benefit of doing so in the presence of someone that is likely to think in the same way as the Judge in the courtroom.

If all else fails and a divorce trial is the only way to draw a close to proceedings, it goes without saying that it is vital to know where you need to be and when and to ensure you arrive in plenty of time. You and your attorney should also ensure the same applies to witnesses.

The trial begins with an opening argument from each side. These opening statements provide each side with the opportunity to outline what they hope to achieve and why in front of the Judge that will ultimately make the final order.

The focus then shifts to the spouse that filed for divorce, who can commence proceedings by introducing their first witness. These witnesses are typically called into the courtroom one by one, and the first spouse will speak to all of their witnesses in turn. However, the opposing attorney can carry out a cross-examination at each stage, and there is also the possibility of further testimony as a result of that cross-examination.

Once all of the first party’s witnesses have spoken and been cross-examined, the process repeats from the other side. Once completed, the first party may call rebuttal witnesses where relevant.

The evidence submission phase follows this. Most people in the courtroom will already be familiar with the bulk of the evidence following a pre-trial hearing or other discussions, but this is the part of the trial where documentation is either accepted or excluded. A Judge may also question both parties at this stage.

Finally, both sides may submit closing arguments. A Judge might decide to hear verbal closing arguments. However, they also have the option to request that each closing argument is submitted in writing, particularly if the divorce trial has reached near the end of the day.

Time permitting, the Judge may notify all parties of their final decision. With every case being unique, it is impossible to predict when the final decision might be made ahead of time. Some cases start and finish on the same day. Others may involve multiple days in court, and it could take a Judge days or even weeks to make a decision.

The end of the trial does not mean the end of the process. One attorney will write the ruling into court orders. In some cases, all decisions are pulled into a single order as a Final Divorce Decree.

Unsurprisingly, there is an immediate opportunity to appeal. However, those wishing to lodge such an appeal must do so quickly.

If there are no objections and both attorneys agree with the wording used in the relevant orders, the divorce is finalized as soon as the Judge signs it.

That is the end of the trial, but it is unlikely to be the end of the work required of you and your attorney. The final judgment will typically legally compel both parties to carry out certain tasks. That might involve the transfer or disposal of property, adherence to a new parenting plan, or a multitude of other requirements.

When you’re represented by a family law attorney from Skillern Firm Divorce & Child Custody Lawyers, we’ll ensure you have the right support and guidance before, during and after the trial.