The petitioner who filed the case usually goes first in calling his or her witnesses. These witnesses include:. Direct examination : when your attorney asks you or his own witnesses questions, we call that direct examination. Cross-examination : when the other side asks you questions, this is called cross-examination. This is the opportunity for the other side to probe your direct testimony. You can expect that the other side will ask you a lot of leading questions.
By leading, we mean yes or no questions. Closing argument : the final part of the trial is closing arguments from both sides. At this stage, all of the evidence is been presented to the judge. All of the exhibits have been entered into evidence. Now, the attorneys will restate important evidence to the judge and apply it to the law to support whatever conclusion the attorneys are asking the judge to make.
Often, the judge will ask for both attorneys to submit proposed final judgments. In other words the judge is asking for attorneys to pretend that they are the judge and write the order that they want the judge to make. These orders are often given to the judge in a Word format. After the final judgment, the case is complete. However, because this is America there is always the opportunity for either side to appeal if they think the judge made an incorrect ruling as a matter of law.
Want legal advice to help you decide if you need to go to trial? Contact our law firm today. We will be by your side during your divorce hearing. By submitting this form. I agree to the terms of use. Call Us Now. Click to Call. We help our clients deal with the difficult process of divorce trials. We also do no-fault divorce cases around Tampa, St. Book A Consultation. Most cases end up in a settlement whereby the parties sign an agreement that resolves all of the issues such as domestic violence in a divorce These settlement agreements can be done by lawyer-led negotiations before or after filing, at mediation, at an impromptu settlement conference, or even on the eve of divorce trial.
Divorce Trial Guide. Practice Areas. What Our Clients Say. Denmon Pearlman - Tampa. Schedule a Consultation. Zip Code. The impacts and decisions reached in a divorce trial can be significant and long-lasting.
A divorce trial is usually held in front of a judge, or it may be held in front of a jury in some cases. During a trial, both sides will present evidence and call witnesses to support their claims on issues such as a division of assets, child custody, spousal and child support and other related matters.
The court will consider all of the input and render a final and binding decision that both parties must adhere to going forward.
From this, a Final Divorce Decree is issued. If one side or the other does not comply, then they can face serious legal repercussions. A trial is usually the final step in a long process that may take several months or years and cost a considerable amount of money. Hearings and trials are similar in that they both decide important legal issues.
Judges will decide things such as temporary child custody and visitation privileges, temporary alimony and child support, which spouse is responsible for a variety of financial matters mortgage, childcare, health insurance, etc. A hearing is also sometimes referred to as a case management conference. Judges will lay out what you have to do as you move forward and provide deadlines for when you have to complete the required steps.
The hearing also provides the court with the opportunity to familiarize itself with your case. They can also be used to decide specific legal issues in advance of a trial. This might be evidence that can be included, what witnesses are allowable, and if certain types of documents can be part of the actual proceeding.
In some instances, they may be conducted by a phone conference. Generally, the hearing will last between 15 and 30 minutes, depending on the complexity of your divorce. Unless they represent themselves, spouses will rarely speak during a hearing.
In some cases, the hearing may also include negotiations between both sides that might allow all the issues to be decided. When a settlement is reached, then the trial can be avoided altogether. At the very least, the number of issues can be narrowed and require that less legal matters be resolved in open court.
Upon completion of the hearing, all issues that have been decided will be included in an order that the judge will sign and issue. After all the preliminary legal actions have taken place, you will go to the courthouse for your divorce trial. Be smart and arrive about an hour early so that you can become comfortable as comfortable as possible given the circumstances and settle into your surroundings.
Be sure to dress well. It shows respect for the judge and the court. The more things that can be stipulated in advance, the happier a judge will be. You also might be surprised at how many divorces are settled on the day of the trial after reality sinks in. Opening statements. Both sides have the opportunity to make an opening argument. Each attorney will want to outline the different issues in the case and start to explain your point of view to support your position.
Your attorney will also attempt to establish credibility by stating facts accurately and precisely on your behalf. Judges always know when the truth is being manipulated. Examining witnesses. The petitioner will call witnesses to support their case. This can include both the petitioner and their spouse, expert witnesses, third-party witnesses, and others.
There will be a direct examination of the witnesses, and the other side will then be able to cross-examine the witnesses as well. At various points, evidence will also be introduced to support the case. A respondent will then be able to call their witnesses and present their evidence as roles are reversed.
The defense rests after its case. Because the plaintiff carries the burden of proof during civil trials, the plaintiff also gets the last word. Closing argument. The final part of the trial is closing arguments from both sides. At this stage, all of the evidence has been presented to the judge.
All of the exhibits have been entered into evidence. Attorneys will restate important evidence to the judge and apply it to the law to support whatever conclusion the attorneys are asking the judge to make. Written order. The judge will issue a written order that finalizes the divorce and rules on all the issues presented at trial.
After receiving the written order, the parties discuss the order with their attorneys and consider whether to appeal all or part of it. Trials are lengthy, stressful, and expensive. This can involve collaborative divorce, mediation, or private arbitration. Each offers advantages that might be preferable to traditional litigation.
Which one is best for you is not a simple answer. There are advantages and disadvantages to each. To help you explore alternatives, check out our in-depth overview on The Types of Divorce. It will answer many of your questions and help you make an informed decision.
There are a few exceptions, but in the vast majority of divorce trials, court records are public documents. One of the drawbacks of a trial is that couples may have no choice but to have highly personal and intimate details of their marriage made public. Unless there are specific circumstances requiring confidentiality, members of the public are allowed to be present during your divorce trial as well. Divorces start when one spouse files a complaint or petition to dissolve the marriage.
These people are financial experts who work hand-in-hand with your divorce attorney to fully understand the short and long-term financial and tax implications of your specific divorce settlement proposal. Lastly, a good therapist can help you and your children work through the emotional and psychological impacts of a divorce.
They can help you work through the multitude of emotions that you will encounter during and after the divorce process, and come out the other side stronger and a better person.
Speak with your divorce attorney if you would like to have exclusive access to the marital home during the divorce process. Protect your assets. People do all kinds of crazy things during a divorce. It is not uncommon for spouses to hide assets, spend excessively, rack up credit cards, or do whatever they want with assets. This includes income tax returns, credit card bills, loan statements, and bank statements. Assume anything you say will be played back in court. Any kind of altercation with your ex could be played back and used against you in court.
That goes for emails, texts, voicemails, Facebook posts, and anything else you put out there on social media. This might be very difficult for you, depending on your situation, but again, crazy things happen during a divorce, and things you said to someone you thought you could trust could end up in court. Think with your brain, not your heart. One of the hardest aspects of divorce for many people is to remove the emotion from the process.
Divorce by nature is very painful, emotionally!
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