What to Expect during Your Divorce Trial in Court
When you file your divorce petition, the timeline of court dates and judicial events start in your divorce proceedings. It is important to keep track of these events and to understand when and what they are. Divorce Attorney Has Put together a list of pre trial, court events, trial events, and post trial events to help you. It is best to always speak with a local divorce attorney who can help you understand your case, the laws which will affect you, and the court events that you can expect for your specific situation.
File Divorce Petition and Responses
The divorce petition and responses is filed with the court clerk, most often at your local courthouse. The respondent has 30 days from the date of service to respond to the divorce petition.
Discovery and Temporary motions and Hearings
Before the trial, or court proceeding begin, both parties will have the opportunity to request documents, question witness, and gather information that is important to the case. The more things which are agreed upon before the trial, the less time, money, and stress there is during the trial. Your attorney will work with you to gather information from you and the other party to help build your case and defend your rights and interests.
There maybe a temporary hearing where both parties present their requests and answer any questions the judge may ask. Based on the judge’s opinion of the situation, they will award temporary custody and other issues which need to be addressed right away. It is important to know that the judge will always rule in favor of what is best for any children involved in the case.
Setting a Trial Date
There are two ways of obtaining a trial date. The first is a specific trial date, which in busy districts can take months before one is available for you, or a short trial which is when they court puts you in a waiting line for an open court date, say if someone drops out, something else unexpected happens which causes the courtroom to be available.
If both parties cannot resolve all of their differences outside of the courtroom, then a trial will be held where a jury and judge will rule based on the cases presented by the attorneys, along with the evidence and circumstances presented to them. The trial can be quick, or dragged out for a long time new evidence and arguments are presented. Some of the most bitter hard fought divorce issues are child custody, alimony, child support, and asset/property division.
What You Should Do During the Trial
Remember you are a party in the lawsuit, make sure to alert your attorneys if there is anything that they may have missed, and always be on time, dress well, and make the best impression you can on the judge and jury if applicable. You never know what might tip the scales in your favor, and you definitely do not want the judge to rule against you because you failed to appear, or were not presentable in court.
The Divorce Ruling and Settlement Agreement
After both sides have presented their cases, with evidence and testimony, the judge will make a ruling as to what they see is fair and legally correct in the case. The divorce ruling will include a divorce settlement agreement which will outline in detail the parenting rights and obligations of the spouses, custody, support, maintenance, division of assets and debts, and other items related to the marriage.
Speak to a Divorce Attorney Today
It is important to speak with a divorce attorney who can help you better understand your legal options and rights in your divorce. A divorce attorney can help you resolve your differences outside of court, and will prepare your case, and fight for you in court if necessary.
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