Divorce is a stressful process, and preparation for divorce court is important. Once you have served your spouse with divorce papers, there is a period of time – typically 30 days – during which s/he can respond to the summons. This can then be followed by various hearings and court appearances, all before an official divorce trial begins. The divorce can be finalized at any point in this process once both parties reach an agreement. Here are a few of the steps leading up to a divorce trial:
Temporary Hearings
After filing for divorce, you may go to court for temporary hearings, which help to resolve immediate issues while the divorce is pending. Such issues include:
- Temporary spousal support
- Temporary custody of children
- Protection from domestic abuse, harassment, or financial improprieties
- Use of couple’s assets
Mediation and Advance Case Review
As part of the divorce process, courts may help a couple mediate their dispute before the matter is officially taken to court. Mediation involves a neutral third party attempting to advise the parties, without providing legal advice. Mediation is a viable option in the divorce process, except in cases of domestic abuse.
Many states also allow for advance case review, during which parties meet with the Judge presiding over their case (or someone assigned by the judge) to discuss the issues of the divorce. This review allows parties to resolve all or part of their case.
Discovery
The divorce process also involves an investigation, which is known as discovery. During discovery, information is collected regarding contested issues, including written questions and answers from the parties, examination of assets, involvement of experts, etc.
Trial
If an agreement is not reached in these early stages of the divorce process, you will go to trial. Some states offer a divorce trial by jury, while others have a judge presiding. At trial, each party explains their story to the judge through a variety of means, including the party’s testimony, testimony of other witnesses, and the entry of documents (known as “exhibits”). In court, each testimony is subject to cross examination. The party who filed for divorce presents their case first. Once all testimony and evidence has been presented, the judge (or the jury) makes a determination.
When in divorce court, remember:
- Do not speak to the judge or the jury directly, unless you have been asked to do so.
- Dress professionally and appropriately for court.
- Be respectful and polite at all times, addressing the judge as “Your Honor.”
- Do not address your spouse directly or make negative gestures during the proceeding.
- If you are a parent, make arrangements for your children before arriving to court.
Getting Help
The best way to be prepared for divorce court is to go with an experienced and qualified attorney. Your attorney can assist you in making sure you are ready for all the court proceedings and that you end up with a fair and reasonable divorce settlement.
