Most divorces are settled through mediation outside of court, but there are those where this wasn’t possible. In these cases, you may find yourself in the midst of a divorce trial.
This is a daunting thing to go through for any couple. It’s often a period filled with contention and stress, on both sides.
If you’re worried about what’s to come, it can help to get informed about what you can expect when a divorce goes to trial. This information is also important to know for practical reasons. To find out all of the most pertinent information, read on now.
What Is a Divorce Trial?
A divorce trial is actually something that’s pretty rare in any divorce proceedings. In most cases, a marital settlement agreement is reached out of court. But sometimes, the two parties in question are unable to agree on the terms, no matter how long or hard they try.
It’s in these cases that a divorce trial will need to take place. The reason that this option is so rare is that a divorce trial is usually a fairly tough thing to go through. As well as this, there’s no guarantee of who’s going to come out of it better off.
What to Expect from a Divorce Trial
Before we get into the trial itself, it’s necessary to take a look at all of the things you’ll need to have prepared going into the trial. You’ll need to have gathered different documents, including financial affidavits and trial depositions. You’ll also need to have any evidence that’s relevant ready to present.
Like any other type of trial, divorce trials take place in a court of law. Depending on where you’re located, there may be some restrictions in place, and it’s possible your trial may take place via video link.
On the day of, you’ll need to arrive early so you and your attorney can run through what’s going to happen one final time. A divorce trial has no jury, so it will be the judge that’s making the final decision. This is important to remember.
There are several distinct parts to a divorce trial. It begins with the opening statements from both sides, here both lawyers lay out their cases.
After this, the witnesses are examined. This will usually include you and your spouse, as well as any expert witnesses that are being used.
After all of the witnesses have been sufficiently examined, both attorneys will make their closing arguments. The judge considers both sides, and will eventually make his or her final judgment.
Things to Know Before You File for Divorce
Before filing for divorce, know that things can get ugly, and expensive. Especially when a divorce trial is necessary. You’ll need to be sure you’re ready for the emotional stress it can cause.
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