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What happens when a divorce case goes to court?

On Behalf of | Dec 12, 2022 | Divorce

A divorce is a legal procedure, not unlike a lawsuit in some ways. Though it’s rare, your divorce — or, at least, certain parts of it —  could potentially get decided in court by a judge. If that happens, you will need to be prepared for what a divorce trial is like in California.

If negotiations and other methods fail to resolve your differences with your ex over property division, alimony, child custody, or another key matter, your attorney can have the Family Law Division court set a trial date. While you wait, you and your attorney will prepare your arguments and gather evidence. The court might order you and your ex to attend a settlement conference in one more attempt to avoid a trial.

Preparing for trial

Generally, you won’t have access to all the evidence and information you need. The discovery process — formally asking for relevant documents and other evidence from your ex — can be a big help when it comes to knowing exactly what the two of you own in community property and what it is worth. You might also need to hire expert witnesses to testify about financial or child custody matters. Your lawyer will take care of these things on your behalf and help you prepare to testify if necessary.

If you and your ex cannot settle any of your divorce matters, a full trial could result. However, a divorce trial is shorter and simpler than most civil litigation. And if there are only one or two matters left to resolve, the judge might order a hearing instead. Either way, each side will get a chance to present their cases, after which the judge will issue a verdict.

Settlement is more likely

With enough preparation and attention to detail, a divorce trial should end with a reasonable decision. But most divorcing couples settle out of court. Negotiation is a vital part of the process.