The Trial Process
If we get to trial, that will mean we have done Discovery, Mediation, and Preliminary Hearings, and there is no way to settle this matter. Let’s discuss the trial process.
We prepare extensively for trial. At your trial, we will use the worksheets and documents you provided. Trials can be expensive because of the preparation and trial time. Also, sometimes, if we are at the trial phase, we have experts who will testify on your behalf. These experts expect to be compensated for their time and testimony.
The only time fault comes into play is to determine alimony. However, judges are human and although, by law, fault does not come into play in the division of marital property, it can affect the judge’s decision.
Courts will listen to the evidence presented to determine custody, division of the marital assets and debt and alimony.
When you prove something in court, you do so through witnesses and records. Your divorce attorney will need a list of all your witnesses for trial. Subsequently, I will need their names, addresses, and phone numbers. A synopsis of what information they can testify about will also be needed.
Issuing Subpoenas
We can issue subpoenas to have witnesses attend court and get off from work. Subpoenaed documents will also be used to present evidence of debts and assets. We will also use subpoenaed documents such as school records, medical records, or bank records in custody or alimony-related matters.
A Court Reporter will be present at your trial, recording everything stated in their testimony. The Judge’s ruling will also be documented, in the event we need to appeal the Judge’s ruling later. A Court Reporter charges you for her time in Court. You will also be charged if you request a copy of the Transcript of the Trial or Hearing.
Usually, at trial, the Plaintiff’s side will go first. You will testify, and all your witnesses who support your allegations of custody and division of the marital estate will testify. Your attorney will ask them questions. All witnesses may also be questioned by your spouse’s attorney. No parties, except those who have already testified, can be in the courtroom during the trial. You can not discuss the testimony of the trial with those waiting outside to testify, until they too have testified.
Trial Preparation
In preparation for the trial, we will review all the major issues of your divorce. Custody, visitation, and child support are often the most important issues in any divorce where children are involved.
Always Tell The Truth
Only the judge determines the trial’s progress, which can take one morning, one day, or several weeks. After hearing all the proof, the judge makes a ruling, which the attorneys write into a Final Decree of Divorce.
If you disagree with the ruling, you have thirty days to file an appeal of the case with the Court of Appeals. An Appeal can last between (1) year and eighteen (18) months.
If you want your maiden name restored, we can handle that in the Final Decree. A Final Decree may not end the case. After the ruling, we may need to prepare Quit Claim Deeds, Qualified Domestic Relation Orders for division of retirement polices and transfer personal property between the parties.
What You Should Do
- Always dress appropriately for court. Tell your witnesses to do the same.
- Do not wear excessive jewelry or make-up.
- Answer clearly, and be serious when you answer your questions. Do not cover your mouth or eyes.
- Do not interrupt the Judge. Look at the Judge when you speak.
- Do not react to the other witnesses testimony.
- Be polite.
- Control your temper.
Be sure you understand all questions before you answer them. On cross-examination, most questions can be answered yes, no, or I do not know. Do not volunteer information.
Attorneys Fees, Costs, Expenses, Time.
We charge a non-refundable retainer and bill against that retainer on contested divorces. Uncontested divorces will be charged a flat rate fee.
Each case is different. Obviously, if you have no children or a short-term marriage, our legal fees will be different from those of someone who has much more to handle.