No one enters a marriage to obtain a divorce in the future. Unfortunately, these circumstances can arise. When they do, the individuals involved may feel stressed, uncertain, and emotional regarding several aspects of the legal proceedings ahead of them. Some couples can work through their divorce outside of a trial, but this is not always the case. If your case must go to trial, you deserve the knowledge provided by an Orange County divorce trial preparation guide.
If you are expecting an impending divorce trial, the divorce attorneys at Quinn & Dworakowski, LLP, can help you prepare for this upcoming legal process. Every divorce is different and comes with its own set of details and nuances. However, there are a few factors that remain a common theme throughout each case of marriage dissolution. Taking time to educate yourself on the options available and what you might come to expect can be essential to the success of your case.
Typically, a divorce trial will occur if the divorcing couple cannot agree on certain issues, such as child custody, child support, the division of property and assets, and spousal support. Like other courtroom trials, the couple will need to provide evidence to support their side of the argument and give testimony in front of the judge. Keep in mind that the final divorce decree set by the judge following a court trial is legally binding, and their decisions must be followed.
A divorce trial typically starts with a pretrial conference. The judge will meet with the divorcing spouses and their legal teams. They will openly discuss the details involved in the case and determine if everyone is prepared to move to a trial. Before the trial officially starts, the parties can exchange evidence, prepare financial statements, and complete the necessary trial depositions. The judge will then set a date for the trial to begin.
There may be one last attempt made by the judge to allow the couple to settle their issues outside of a trial. If the couple cannot reach an agreement, the trial will commence. This trial will be held in a public courtroom before a judge. The spouses, their legal teams, and any witnesses will be called to attend. This trial will most likely include the following stages:
At the beginning of the trial, both parties can make an opening statement. This will allow the lawyers involved to provide a review of the issues involved in the divorce trial. Your lawyer can bring to attention and explain your point of view on the areas of contention.
After these statements have been made, witnesses can be called forth to support one side of the case or the other. These witnesses may include the spouses, family members, friends, third-party witnesses, or experts in certain areas that may apply to the trial. Both parties can present their evidence throughout the trial. Each side can then present closing arguments, and the judge will make a decision regarding the issues presented.
The first step in preparing for a California divorce trial is to contact an experienced divorce lawyer who can assist you through every step. They can:
In addition to this, you will need to gather multiple forms of documentation, depending on the nature of the issues to be argued in your trial. Some of the paperwork, information, and documentation you will want to gather for a California divorce trial can include the following:
In Orange County, the courtroom is a formal environment. Therefore, it is important that you dress accordingly and appropriately when walking into any trial situation. Avoid wearing items such as flip-flops, shorts, tank tops, or hats. Do not wear sunglasses unless you have a prescription. Business formal attire, such as slacks, dress shirts, skirts, or dresses, are deemed more appropriate.
In California, one cannot determine how long a divorce trial may last. Several factors will affect the overall timeframe of a trial. These can include:
In Orange County, there is no real way of estimating how much a divorce lawyer might charge, as each case is different. Many factors can influence the eventual cost of a divorce attorney. The time involved, the fees for any expert witnesses, and how much the attorney must tap into their resources can all affect the total cost of legal representation.
In a California divorce trial, once both sides have presented their opening statements, evidence, witness statements, and closing arguments, the judge will deliver their final decision regarding the topics of contention. A judge can issue their ruling at several points, including:
If you are seeking a divorce in California, you deserve to know what to expect, should your divorce case go to trial. To make yourself aware of what may occur during a trial, it is wise to hire the services of a family law attorney who can assist in the handling of all the legal issues involved in your case. These can be complex legal situations, so having the aid of an individual who is well-versed in each aspect can prove invaluable.
Contact the offices of Quinn & Dworakowski, LLP, today.
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