What Happens During a Divorce Trial in California?

interior of courtroom

Getting a divorce can be a complex and stressful time for the parties involved. However, some couples can work together to determine the outcome of their divorce if they are on amicable terms. Others may find this impossible. Unfortunately, failure to reach an agreement about the terms and conditions of the divorce can result in your divorce requiring court intervention. If you have an impending divorce trial, understanding what you should expect is critical to preparing and why you need the assistance of a Los Angeles divorce attorney. Keep reading to learn more about this process.

When Can a Divorce Trial Happen?

Generally, when a couple is going through a contested divorce, meaning the respondent spouse does not agree to the terms requested in the petition by the spouse who filed, they will try to negotiate the outcome of their divorce. However, if a couple still cannot reach an agreement, a trial may be necessary.

It’s important to understand that if a couple can agree on all but one or two issues, a trial is likely not necessary. In these instances, they can submit a “Request for Order,” in which a judge will decide the issue at a hearing, which will take less time than a trial.

However, if there are multiple issues you cannot find common ground on or extremely complex matters, you may need to go to trial to have these matters resolved.

What Can I Expect Before, During, and After My Court Date?

When going to trial, it’s vital to understand what you can do to prepare. Generally, you’ll need to set a court date, gather evidence, submit a discovery request, subpoena witnesses, and start drafting your testimony.

Once your court date arrives, it’s crucial to understand that you will present your case to the judge. Generally, you do not have to prove the reason for your divorce but rather argue as to why the requests you made during your divorce negotiations are valid. You can provide this during an opening statement, and your attorney will present your case. This includes showcasing evidence to support your claims, questioning witnesses, and using the law to help showcase the validity of your requests. Your spouse will also have the opportunity to provide an opening statement before their lawyer begins presenting their case.

After you have both explained your position to the judge, it’s necessary to understand that the judge will order an outcome based on the evidence they have received in accordance with the law.

Should I Have an Attorney Present?

If you are going to trial for your divorce, you must have legal representation present to help you argue your case. Because there are many nuances associated with divorce law, it can be challenging to navigate this process on your own, let alone receive a favorable outcome.

When your divorce is going to trial, the Zitser Family Law Group is ready to help. Our team is dedicated to fighting for the best interests of our clients in and out of the courtroom. Connect with us today to learn how we can fight for you.

Our Recent Blogs

View More

Website built and managed by Accel Marketing Solutions, Inc