Most divorce cases — even if they begin as contested matters — are settled prior to trial. Once information has been exchanged during the discovery process and depositions have been held, the parties can usually resolve their issues through mediation, negotiation, or using the collaborative divorce process. However, if spouses cannot reach an agreement regarding property division, alimony, child custody, child support, or any other issue that must be decided, a divorce trial will be held.
If your divorce case has been scheduled for trial, your attorney will spend a significant amount of time preparing for your day in court and developing a strategy for your case. You will need to submit evidence to support your position, which can include financial documents, witnesses, recordings, and other information — based on the issues that must be resolved. All evidence that is submitted to the court must be in proper form and adhere to the rules of evidence in order for it to be accepted.
Expert witnesses are sometimes retained to give testimony at trial and explain complex issues. In a divorce trial, the expert witnesses that are used will depend upon the matters that must be resolved in the case. They can include:
Importantly, if you have an expert witness testify on your behalf, you will need to pay that witness for their time at court. Expert witness fees can range from a few hundred to a few thousand dollars.
Opening statements in a divorce trial introduce the case to the judge, explain the facts, and outline the arguments that must be addressed. They generally include a summary of the issues in the case and the evidence that will be introduced. The attorney for the spouse who filed for divorce (the plaintiff) will present their opening argument first, followed by the attorney for the defendant spouse.
Depending on the issues in the case, lay witnesses may be called into a divorce trial to provide testimony. These can include character witnesses and fact witnesses who can provide insight into financial issues, child custody matters, and other aspects of the case. Specifically, if child custody is in dispute, usually the parties will have several lay witnesses testify regarding the parties’ relevant fitness as parents, in addition to the testimony of expert witnesses. Sometimes, one or both of the parties pay a psychologist to evaluate the parties and children and give testimony about which parent may be more capable or mentally fit to be the custodial parent.
Each witness who is introduced is also subject to cross-examination by the other party’s attorney. This is meant to undermine the credibility of the witness, help the court identify any contradictions, and show the judge that the testimony may not be accurate.
As long as it has been properly introduced, both sides will have the opportunity to present evidence to the court in a divorce trial. The evidence that is provided will depend upon the issues that need to be determined. For instance, evidence regarding property division typically includes official documents, account statements, appraisals, and testimony of the parties. If alimony or child support are at issue, financial documents, such as bank statements, pay stubs, and tax returns can be useful. In the event child custody is disputed, documentation of parental involvement, school records, and psychology records can help to support a party’s position.
In a divorce trial, the closing arguments are each party’s final opportunity to present their case. During closing arguments, each side will get to summarize the case and explain how the evidence presented supports it. They will also get to highlight the strengths of their position and emphasize any weaknesses in the other side’s case.
Once all the testimony has been heard in the divorce trial and the evidence is received by the judge, the judge will render their final decision as to property distribution, maintenance, child custody, and any other issues related to the marriage. The judge may make the determination quickly or take several weeks to deliver their findings. The judge’s decision is incorporated into the divorce decree, which is a binding order. If either party does not follow the order, the judge can impose sanctions — or the party may be held in contempt of court.
If you are facing a divorce trial, it’s vital to have a knowledgeable family law attorney by your side who can protect your rights and advocate on your behalf in the courtroom. At Duke Law Firm, P.C., we are committed to providing our clients with trusted representation for their divorce matters, whether their case is resolved through negotiation, mediation, or litigation.
Offering high-quality legal services and experienced counsel, we welcome you to contact us today to schedule a consultation to learn how we can help.
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