What happens when a divorce case goes to trial?
When your divorce goes to trial, you will present your case to the judge at a formal trial in court. The judge will hear each spouse’s case and will make any necessary decisions regarding property division, spousal support, child custody, and more.
How many divorces actually go to trial?
About five percent of divorce cases do go to trial. The divorce proceedings may take anywhere from less than one year to a few years, depending on the location of the divorce.
How long after trial is divorce final?
Your final trial date may be set early on in the case, or may be set later on. That final hearing date could be six, eight, or ten months from the date the case is filed, when the court has an unscheduled day or two free on the docket.
Who is going to go first in a divorce trial?
Divorce trials vary from locality to locality, but for the most part, the trial will happen in the following order. The Petitioner Goes First. The plaintiff or petitioner (meaning, the party who requested the divorce) will go first by putting on evidence and calling witnesses.
How long does it take to get trial date in divorce court?
Dates for contested trials are normally assigned at least a month in advance of the trial. The gap in time from when your case is filed at the clerk’s office and when your trial begins will vary, depending on how busy the court is and how complicated your case appears to be.
How can I get my divorce case moved to trial?
Some courts will automatically give you a date for a conference with a judge to check out settlement possibilities and to assign a trial date. Others require you to file a form requesting that the case be moved to trial. Check with your local clerk’s office to see what procedure it follows.
What happens at the end of a divorce trial?
A trial in a divorce case is truly your “day (or more) in court.” As a caveat, very few cases actually make it all the way to a divorce trial. 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