Define: Trial

A trial is the last resort in a dissolution of marriage (divorce) proceeding. If the parties cannot reach an agreement in mediation or through direct negotiations, then they must each present their case before a judge. There is no jury involved in a dissolution of marriage proceeding. At trial, both parties will give evidence to support their cases through introducing documents as exhibits and through testifying. Both spouses almost always testify, as well as other expert witnesses and “lay” witnesses. Expert witnesses may include custody evaluators (when custody is in dispute), vocational evaluators (when spousal maintenance is in dispute), appraisers (when the value of a home or other property is in dispute) or other financial experts addressing cash-flow analysis. Lay witnesses would include family and friends who have knowledge of the parties’ circumstances, which is most important in custody trials.

The presentation of evidence must follow certain rules of procedure and rules of evidence. The Petitioner will put in his or her case first during the trial, and the Respondent will go last. Both attorneys and parties that represent themselves are expected to conform to these rules. A judge can only listen to the evidence that is presented according to these rules. A judge cannot help any parties to understand the rules, even if the parties represent themselves. After hearing all the evidence, the judge has ninety (90) days to make a decision on the case.

Contact an Attorney Prior to any Trial

If you have a trial scheduled in your divorce or family law proceeding, it is extremely important that you discuss the process with an attorney beforehand and retain an attorney to represent you if you can afford to do so. If you have questions about the trial process, the attorneys at Blahnik, Prchal & Stoll offer a free consultation to discuss your options.