The ideal approach to any divorce is to settle disputes out of court. Divorcing spouses can do so with the help of a mediator, through arbitration, or the assistance of their respective attorneys. Even couples that are practically at each other’s throats can successfully negotiate the terms of their divorce settlement if they are willing to set their personal differences aside.
Having said that, it is sometimes necessary to go to trial. The spouses may be unable to resolve their disputes outside the court system, and so must rely upon a judge to settle matters. This can happen when one or both parties are combative, when their lawyers are antagonistic, or one of the spouses is wholly uncooperative.
In cases where going to trial is unavoidable, it is important to know what to expect before your court date arrives. Many people are surprised by the experience. Many fail to prepare for their hearings, and end up responding poorly to the judge’s questions.
We’ll describe the process below. Keep in mind, the following is merely an introduction to divorce litigation. It is highly recommended that you speak with your divorce attorney regarding how to prepare for it.
What To Expect When You Arrive At Court
Many people envision a well-appointed courtroom designed with hardwood floors, immaculate furniture, and an air of grandeur. In reality, courtrooms vary greatly in appearance. Some do indeed match the image many people have of them. Other courtrooms, however, are appointed with shoddy furniture, have stained carpet, and pose a decor that seems incompatible with a courthouse.
When you arrive at the courthouse, you may be asked to leave your bags and purses behind. Only then will you be allowed to enter the courtroom in which your hearing will be held. Many judges also prohibit cell phones and other devices.
Your case will be one of several on the day’s docket. As such, you may need to wait a considerable amount of time before the judge is ready to hear it. When your case number is called, you and your attorney will approach the judge, and explain the issues in dispute.
You can choose to have witnesses testify on your behalf. If you decide to do so, your attorney should prepare them for trial beforehand.
You’ll be expected to present financial documents, including bank statements and pay stubs from the last few months. If you suspect that your spouse will be uncooperative in providing his or her financial documents, they can be subpoenaed. This is usually done during the discovery stage.
How A Typical Divorce Trial Begins
On the day your divorce case is scheduled to be heard, make sure you arrive at the courthouse on time. Plan conservatively for traffic, parking, and getting through security en route to the courtroom.
Your witnesses will be sworn in and and asked to wait outside the courtroom until their presence is requested. Your attorney and your spouse’s attorney will make opening statements. Although juries are occasionally called for divorce cases, they are rare. Hence, the opening statements are typically made directly to the judge.
Witnesses for both sides are then called one by one to the witness stand. After they testify for the side that called them, they might be cross-examined by the other side’s attorney. Your witnesses can be cross-examined by your spouse’s attorney and vice versa.
After all of the witnesses have been called to the stand, your lawyer will present a closing statement. That will be followed by your spouse’s lawyer’s closing statement. The judge will then take the facts surrounding your case under advisement. He or she will consider them carefully before making a ruling.
The Judge’s Decision
Sometimes, the judge will render a decision shortly after the attorneys make their closing statements. It is more common, however, for the judge to make a ruling several days later. He or she might request all parties involved in the case to return to court on a particular day to hear his or her decision. Or the rulings may be included in a letter sent to both sides’ attorneys.
Once the ruling has been declared by the judge, both sides will have an opportunity to file an appeal. Should one or both sides wish to appeal the judge’s decision, a new set of hearings must take place. If both sides agree with the ruling, a final decree is filed with the court and the couple’s divorce is finalized.
As noted earlier, the above discussion is merely an introduction to divorce litigation. Although it may seem simple and straightforward, it can be a costly and time-intensive ordeal. If you believe that disputes between you and your spouse can only be resolved by going to trial, hire an experienced divorce lawyer who can guide you through the process.