Divorce and Family Law
Trial in a Divorce Case
Needless to say, by the time a party reaches the trial stage of their divorce litigation, significant time has passed, significant expense has been incurred, and the litigants have suffered significant frustration and emotional strain. Unfortunately, the judicial process does not account for the sufferings of divorce litigants.
Therefore, anyone involved in a divorce should consider the following:
- A judge is provided with a snapshot of your life;
- A judge is given the opportunity to make the most important decisions relating to your life; and
- A judge will never fully understand or comprehend your personality, morality or position regarding the issues involved in your divorce.
Generally speaking, divorce litigants are much better off making their own decisions. Therefore, it is in your best interests to attempt an amicable resolution to your disputes. There are many tools available to attorneys to help reach an amicable resolution prior to trial, including settlement conferences, negotiation, and mediation. All outstanding or unresolved issues can be reserved and presented to the court at trial.
Trials can last several days and all parties are required to attend. This can be a stressful time for both litigants. Solid preparation for a trial not only includes documenting the evidence and arguments, but also readying the client for the mental and emotional experience. At trial, attorneys present evidence and arguments to advocate the client’s legal position for each side, and the judge decides the unresolved issues. Once the judge has reached his or her decision, the judge grants the divorce and final orders are entered by the Court.