5 Things To Know About A Divorce That Goes To Trial
Anybody going through a divorce will want to try mediation to settle the divorce out of court. However, you may not be able to come to an agreement with your spouse and you need to settle it in court instead. Here is what you need to know about taking your divorce to trial.
The Trial Is Open To The Public
Be aware that taking your divorce to trial means that it will be held in a public courtroom where anyone is free to watch the court proceedings. If you want to keep the details of your divorce private, going to trial is definitely an option to avoid.
The Actual Trial Will Likely Be Quick
While going to trial for your divorce is going to drag out the process so that you can get a court date and receive a ruling, the actual time in the courtroom is going to be fairly quick. While everyone's divorce is unique due to the nature of the marriage, expect a typical divorce trial to only last one or two days.
The Petitioner Presents Their Case First
Court cases have a plaintiff and a defendant, with the plaintiff presenting their side of the court case first. In a divorce, the sides are called the petitioner and the respondent, with the person that initiated the divorce by filing the paperwork being known as the petitioner. It is the petitioner that will make their arguments first in the courtroom and present their evidence
The Expert Witnesses Will Testify
Expert witnesses are allowed to be brought in to testify during a divorce trial. This is often the case when a custody evaluator will give their opinion on the household situation with the children that are involved. Each side can bring in its own witnesses, which can be cross-examined by the opposing side.
The Ruling Will Take Some Time To Receive
Once the trial is over, each side will present a written request of a proposed order to the judge, which are the terms of the divorce that you want them to sign. A memorandum of law is also submitted, which is your argument for why you feel your agreement should be selected. The judge will then have a set period of time to issue a written ruling by signing the proposed order that they agree with. It could take months to receive that ruling and have the divorce finalized.
A family attorney can be crucial during this process. Contact a local law firm, like Albert & Krochmal, for more information.
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