Not every divorce has to go to trial. Sometimes couples cannot come to an agreement on certain important matters though, and that’s when a judge’s input is going to be deemed necessary. This situation can be stressful, but an experienced Peoria County contested divorce lawyer can help you prepare and know what to expect.
What Actually Happens When My Divorce Goes to Trial?
When you go to trial the petitioner, whoever filed the divorce papers, gets to make their case first. Then the respondent can make their case. Each side can introduce evidence and their witnesses, and those witnesses can be cross-examined.
Sometimes witnesses are there to act as character witnesses, like friends who can talk about your close relationship with your kids. Other witnesses can be professionals, like vocational experts who can testify about what kind of training and work it would take for you or your spouse to become self-sufficient after a divorce.
How Can I Prepare to Go to Trial?
You obviously need to take the process seriously and make sure that you are prepared far in advance. You are going to need to have certain financial documents and other evidence ready to deploy. Trying to gather everything the night before the trial begins is not recommended.
It’s also a good idea to prepare with your lawyer so that you can try to figure out what to expect. What do you think your spouse is going to bring up? How can you refute their arguments? You cannot predict everything that’s going to happen at trial, but you can try to prepare for the proceedings as best as you can.
Is a Divorce Trial the Same As a Divorce Hearing?
It’s important to note that a trial and a hearing are different things. A trial is meant to address certain issues and finalize an agreement. A hearing can be held to make temporary arrangements or handle procedural issues, like if one spouse needs to turn over some evidence. You can have a few hearings even if you solve most of your issues in mediation or a collaborative divorce, and you’ll likely need to have a hearing to have any divorce agreement approved by a judge anyway.
Will My Children Have to Testify?
If you are worried that going to trial will force your children to testify, that’s an understandable fear. Fortunately, it’s usually understood that this can be a stressful experience for children, so they are rarely called on to testify. There are usually better ways to secure evidence and make either parent’s case.
Contact Our Firm
Going through a divorce on your own can be difficult. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation with our team and learn more about how an experienced lawyer can help you get through this process. We’re ready to help you stand up for your interests and fight for a fair divorce agreement.
