A divorcing couple may decide for a judge to handle their non-negotiable terms in court. Here’s how to handle a divorce in court.
Judges make ultimate decisions over terms such as child support and property division when divorces are brought to court. Steps of the process include filing and serving the case, the discovery of facts, preparation of witnesses and testimony, and trial.
Why Go to Court
Going to court is not a mandatory step in a divorce process. However, a couple may not be able to negotiate all the terms of their divorce on their own, and a judge can help them reach a consensus.
Steps on How to Divorce in Court
1. Filing the Case
A spouse must file for divorce with the court. The filing includes paperwork, such as requests for temporary orders.
Getting a divorce in court can take months. Quick decisions may need to be made on terms such as spousal or child support. Couples can ask for temporary court orders regarding property restraining orders, child custody, child support, and other terms.
If a spouse requests a temporary order, the court may make the decision quickly. The court will request specific documents from each spouse. After a judge makes a decision, a temporary order is valid until the divorce is finalized, or until the court orders otherwise.
Related: How to File for Divorce in California
2. Service of the Case
A case must be served. The spouse initiating the divorce must formally deliver the divorce paperwork to his or her spouse via another person who is 18 or older. The paperwork may include the initial document or others like discovery requests or deposition notices. Deadlines to respond to certain documents may apply, so it is necessary to keep track of the documents carefully.
Related: How to Serve Divorce Papers in California
3. Discovery
At the beginning of the case, “discovering” all the facts of the case is necessary, which includes responding to questions under oath and producing documents like tax returns and credit card statements. A spouse’s family or friends may get subpoenaed. A court will also determine a final trial date, which may be several months after the case is filed.
4. Witnesses
Two types of witnesses are in the trial processes: lay witnesses and expert witnesses. Lay witnesses can be family or friends who testify about facts, but they are not permitted to give opinions.
Expert witnesses can, however, give opinions during testimony. Expert witnesses have often established individuals in their field of study, and they need to be hired by a spouse to give testimony. Parties must gather their witnesses previous to the trial.
5. Pretrial Matters
Several things may happen prior to trial. A court may set up a pretrial conference where discussions about trial duration and remaining issues can occur. A court may also determine if certain evidence can be used in the trial. Spouses may need to attend court-mandated parenting classes or settlement conferences. The court establishes a date when each spouse must name his or her witnesses that will be testifying in the trial.
6. Testimony
Parties must prepare their testimony before going to trial. Each witness should plan responses to each of the attorney’s questions. All physical evidence must be neatly organized and labeled.
7. Trial
The trail itself is very procedural. The judge first asks if there are any preliminary matters, to which the lawyers can respond with a question or statement. The trial then begins.
The filing party will go first. There will be an opening statement, witness testimony, and cross-examination. The next party repeats the process. Rebuttal witnesses, objections, and presentation of evidence may be present.
After all of the evidence and testimony has been given, each party delivers closing statements.
The judge will deliver the ruling after the trial or on a different day. One attorney must write the ruling into a court order. If a spouse wants to appeal a term of the order, he or she must do so before the judge signs the order. Everyone may need to return to court if there is a disagreement of the wording of the order.
8. The Final Step
After the trial, a judge signs the order of dissolution, or judgment of divorce, signaling the final step in the divorce process. The order of dissolution ends the marriage and clearly explains the division of assets, child support, and other terms.
FAQ’s About Handling a Divorce in Court
Related: Divorce FAQs in California
When does a divorce go to court?
If a couple has disagreements that they cannot solve in negotiation or mediation, then they will have to go to court. A judge will then make the necessary decisions.
Will it cost more money to go to court?
Going to court may cost more money because it requires hiring a lawyer (for a long period of time), which can get very expensive.
Are there cons of going to court?
Going to court for a divorce trial can be expensive and time-consuming. Negotiations and mediations tend to be more predictable, and they give spouses more control over the outcomes. However, divorce trials take all power away from the spouses and leave the decisions up to the judge.
Can we reach a settlement before trial?
Yes, parties can reach a settlement before trial. If Lawyer A makes a settlement offer to Lawyer B, Lawyer B should convey the offer to his or her party. If Lawyer B does not convey the offer, he or she has violated legal ethics. Lawyers often work toward a settlement up until trial. They might not settle the whole case, but they can settle specific issues that were going to be discussed in the trial.
Can a trial last multiple days?
Yes, a trial can last multiple days. In this situation, a spouse may work with his or her lawyer to gather more rebuttal evidence to present on the second or third day.
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