How to Prepare for a Divorce Trial
Most family law cases are settled before trial, as both sides can often come to an agreement without the court’s interaction or because the time, effort and money needed for trial outweigh the benefits. However, in certain cases, trial is necessary.
Family law cases proceed to trial for various reasons, typically regarding critical issues such as property division, allocation of parenting time or spousal support failure. These are often complex cases with emotional factors that can make it challenging to come to an agreement without a third-party judge’s ruling.
How to Prepare for a Divorce Case
Parties should consult with a knowledgeable family law attorney who can assess the case’s strengths and weaknesses and to discuss their goals, concerns and expectations for trial. The attorney will also ask the client to compile all relevant documents, including:
- Financial records
- Communication logs
- Evidence of domestic violence or abuse (if applicable)
Aside from the legal aspects and given the emotional nature of family law cases, it is crucial for divorcing parties to seek support from trusted friends, family members or therapists to assist in coping with the stress and uncertainty.
Divorce Trial Preparation
Once the decision has been made to go to trial, the party, with help from an attorney, must file a notice to set for trial. Then, a list of witnesses must be prepared and served with subpoenas to appear in court. These witnesses can include the parties, parents, friends, neighbors as well as expert witnesses such as counselors or a Guardian Ad Litem. Once the list is prepared and subpoenaed, the attorney will then prepare questions to ask the witnesses at the trial. Potential witnesses may also be required to sit for a deposition prior to trial.
Next, the attorneys will prepare trial memorandum for the judge to review prior to the trial which will include:
- History of the case
- Any issues for the judge to decide
- Applicable case law
- Any other requests for the judge in the matter
If an agreement is reached before the trial, settlement can occur at any time during these trial preparations.
At the Trial
Trial length can range from one afternoon to a few days or longer depending on the extent of the evidence that must be presented.
The trial will begin with the presentation and litigation of any pre-trial motions that have not yet been addressed. Then both sides will provide their opening statements, witnesses will testify and be subject to cross examination, and any other relevant evidence will be presented. After all testimony has concluded, both sides will give their closing statements. Finally, the judge will consider all evidence presented and make a ruling on all outstanding issues.
Kogut & Wilson can help with the ins and outs of the divorce trial process. Get in touch with us for further assistance.