Divorce is rarely an easy process, and while many couples manage to settle their differences through negotiation or mediation, some situations require a more formal resolution. When spouses cannot agree on key issues such as property division, child custody, or spousal support, the case may go to trial. A divorce trial is a legal proceeding where both parties present their arguments before a judge, who then makes binding decisions.
Understanding what happens when a divorce goes to trial can help you prepare for this complex and emotional process. Here’s what to expect.
Why Does Divorce Go to Trial?
Before reaching the trial stage, most divorces go through several steps aimed at resolving disputes outside the courtroom. These include negotiations, mediation, or settlement conferences. However, if both parties are unable to reach an agreement on major issues, the case may proceed to trial.
Common reasons divorces go to trial include:
- Disagreements over child custody: One parent may want full custody, while the other may seek joint custody or a different visitation arrangement.
- Disputes over alimony: Disagreements about whether spousal support should be awarded and, if so, how much and for how long.
- Property and asset division: Especially when high-value assets or complex financial situations are involved, such as real estate, investments, or business ownership.
- Disputes about debts: Couples may disagree on how marital debts should be divided.
Steps Leading Up to a Divorce Trial
- Pretrial Discovery Before the trial begins, both parties engage in the discovery process, where they exchange important information and documents related to finances, assets, and other relevant matters. Discovery methods may include:
- Depositions: Sworn testimony taken outside of court.
- Interrogatories: Written questions that must be answered under oath.
- Requests for Production: Asking for financial statements, tax returns, or other documentation.
Discovery is essential for ensuring both parties have a clear understanding of each other’s financial situation and positions on contested issues. It also helps build the case for trial.
- Pretrial Motions Before the trial, either party can file pretrial motions, which ask the judge to make temporary rulings on issues like temporary child custody, spousal support, or use of marital property during the proceedings. These rulings may last only until the trial is complete.
- Settlement Attempts Even if a divorce appears to be heading for trial, settlement discussions may continue. Courts often encourage couples to resolve their disputes out of court, as this can save time and reduce costs. In many cases, couples reach an agreement on the courthouse steps to avoid the uncertainty of a trial decision.
The Divorce Trial Process
- Opening Statements At the start of the trial, both attorneys present opening statements outlining their positions. The opening statements provide the judge with an overview of the main issues and what each side is asking for in terms of custody, asset division, and support.
- Presentation of Evidence The bulk of the trial is spent presenting evidence. Each side presents witnesses, expert testimony, and documentary evidence to support their claims. Common witnesses include financial experts, child psychologists, or even family members. Cross-examination allows the opposing attorney to challenge the credibility of witnesses or dispute the evidence presented.
- Testimony Both spouses will likely be called to testify during the trial. This testimony gives each party a chance to explain their position on the contested issues. Spouses are usually asked about their role in parenting, their financial needs, and their contributions to the marriage. Cross-examination follows, where the other party’s attorney may question the truthfulness or accuracy of the testimony.
- Closing Arguments After all evidence is presented, both attorneys make closing arguments, summarizing the evidence and making a final appeal to the judge. Closing arguments give each side a chance to explain why their position is more reasonable and should be favored by the court.
The Judge’s Decision
Unlike a jury trial, divorce trials are decided by a judge. After closing arguments, the judge will review the evidence and testimony to make decisions on child custody, alimony, asset division, and other issues. The judge’s ruling is legally binding, and both parties must comply with the orders.
In some cases, the judge may take time to deliberate, so you might not receive an immediate decision. Once the judge issues the final judgment, it becomes the official divorce decree.
After the Trial
Once the trial concludes and a judgment is issued, both parties are required to follow the court’s orders. However, if either spouse is dissatisfied with the judge’s ruling, they may have the option to appeal the decision. Appeals are rare in divorce cases, as they can be costly and time-consuming, and the court’s original decision is usually upheld unless there was a clear legal error.
Conclusion
Divorce trials can be emotionally taxing and financially draining, but they are sometimes necessary when spouses cannot resolve disputes on their own. Knowing what to expect can help you prepare both emotionally and legally. With proper representation and thorough preparation, you can present a strong case and reach a resolution that best protects your interests.
