Phone: Along the way, the parties will be mandated to avail themselves of opportunities to settle and reach agreement on all issues including child custody, child support, alimony, and division of marital assets and debts. My previous post explains this process.
If, for some reason, divorcing spouses find themselves still unable to reach an agreement and enter into a divorce agreement (even though they should have the help of their attorneys to do so), they will have the opportunity to have a trial before the judge assigned to their case.
Essentially, the purpose of trial is to help the Judge understand the significant facts of the case so that he or she can make a final decision. The Judge learns these facts by listening to the spoken testimony of witnesses and by reviewing documents provided as evidence. This process can take anywhere from a single day to multiple days or several months.
The lawyer for each party typically must first submit trial briefs describing each parties’ position and the law and facts to support it. There would also be an exchange of witness lists, exhibit lists (both for each party and a joint list), and any stipulations of facts (which are a list of agreed-upon facts that you don’t have to spend trial time to establish).
Prior to trial, evidence and arguments are finalized and lawyers normally send out a follow-up round of discovery requests. Also, trial testimony is prepared.
The trial starts with both attorneys making a brief statement to the Judge regarding what facts they expect to present during the trial and how they would like the Judge to rule on the ultimate issues after the trial is complete. After opening statements, the attorneys will call witnesses for testimony. During the witness’ testimony, each attorney will have a chance to ask questions and provide the Judge with helpful documents.
After all of the witnesses have testified, each attorney will have the opportunity to make a final brief statement to the Judge. In this closing statement, the attorneys will summarize for the Judge the important facts that came out during the trial and explain why the Judge should rule a certain way based on these facts.
When you show up at the courthouse for trial, most judges will want to conference the case to give you one last chance to settle.
The trial sometimes starts with opening statements. Then the first witness would be called. The plaintiff who filed the Complaint for Divorce gets to present testimony and evidence first. Often, the plaintiff is the first witness. The Plaintiff’s lawyer will ask open-ended questions on direct examination and the witness will get to tell their story. Reference to documents is often made to assist with telling the story. Sometimes charts or other summaries are prepared to assist the Court and shorten the testimony.
Once a witness is done testifying, the other side gets to cross-examine the witness. This is done by asking leading questions, where a yes or no answer only is required. The plaintiff’s lawyer will then get to re-direct the witness, to clarify issues raised on cross-examination. In fact, re-direct is limited to issues raised on cross-examination.
Once the plaintiff’s rests his or her case, the defendant then gets to put on their witnesses in the same way. After the defendant is done, the plaintiff may put on a rebuttal case to address issues raised in the defendant’s case.
After the rebuttal cases are over, there are summations which may or may not be written. This is where the facts proved during trial are argued again and support why the court should grant the relief requested.
After the trial, there are typically comprehensive proposed findings of fact and rulings of law submitted based on the evidence and testimony that came out during the trial. The Judge will use these findings to enter a final judgment. The judge can take anywhere from a single day up to six months or more to complete the final judgment depending on the complexity of the case and the judge’s personal schedule.
The whole process can cost anywhere from tens of thousands of dollars into the six digits in legal fees. After the final decision is rendered, the parties have the option to appeal if not satisfied with the outcome. This can lead to delay in final outcome anywhere from several months to years. Ultimately, nobody “wins” in family court, except perhaps the lawyers.
If you’d like to learn how you can resolve your divorce or family law issues amicably outside of court, please contact me for a personalized consultation.
