Continue reading to learn about what happens when a divorce case goes to trial. Work with a Farmington Hills divorce lawyer during this challenging time for skilled assistance and representation.
Is a Trial Necessary in a Divorce?
Whether or not a divorce case should go to trial depends on a variety of information. While some couples feel like a trial is the only option to resolve their contested issues, there are several alternative dispute resolution options that can be implemented. Mediation or arbitration are popular choices to avoid a trial.
Divorce trials are expensive and costs can quickly add up as a result of attorney fees, court costs, fees for expert witnesses, etc. They can also be time-consuming, taking several months or even years to conclude. Additionally, a major risk with a trial is that the couple forfeits control over the outcome to a judge. With other alternative dispute resolution tactics, the couple can maintain authority over the decisions made, but in a trial the judge’s decision is final.
While there are cons associated with a trial, in some instances it is the only viable option. This is especially true when the couple has a hostile or volatile relationship, or with complex or high net worth divorces.
What Happens if My Divorce Goes to Trial?
The divorce trial process can vary slightly depending on the specific circumstances of the situation but below is generally what will happen if your divorce goes to trial.
- Opening statements: The petitioner, the spouse who filed for divorce, will state their side first. Their attorney will present their case to the judge, outlining the situation and providing an overview of the evidence and arguments to come. The other spouse, the respondent, and their attorney will then have the opportunity to present their side.
- Evidence: The trial will then move on to presenting evidence. Both sides will present their arguments and introduce evidence including financial statements, expert testimony, witness testimony, and more. The evidence presented should cover all contested issues like property division, alimony, child custody, child support, etc.
- Cross-examination: Each party has the chance to call witnesses to the stand to support their case. These individuals may be friends, family, neighbors, or professionals. After they have been questioned by the associated party’s attorney, the opposing side will have the opportunity to cross-examine them, meaning ask questions and attempt to challenge or discredit their testimony.
- Closing arguments: When all evidence and documents have been presented, each attorney will give closing statements. This is the final opportunity for each party to summarize their arguments and highlight important points.
- Judgment: The judge will generally adjourn to deliberate and take time to review the arguments made by both sides. Once a ruling has been made they will offer their final judgment including orders related to each key topic of the divorce. An official divorce decree will be drawn up which both parties will sign.