No. Not all divorces end in trials. Only 4% of all court cases actually go to trial. As such, most family law cases end up settling before trial. A marital settlement agreement resolves and covers all issues that are dealt with in a divorce. Often, parties are encouraged to settle before going to trial because a trial can be time-consuming and costly. Settling before trial is also in everyone’s best interest. No one would want a judge making major life decisions for you and your children. We often hear judges tell clients that neither party will leave the courtroom happy.
At trial, the judge will make a final decision on unresolved issues. These trials are called bench trials because the hearing is in front of a judge and not a jury.
A divorce trial begins with both parties’ opening statements that address the court with a brief summary of the case. The petitioner, or the person who requested the divorce, will go first and present their evidence, followed by the respondent, the person who then “responds” to the argument. The respondent also can present their own arguments. Both sides will present evidence and can call qualified professionals and witnesses to testify on their behalf.
Those testifying will be direct-examined and cross-examined by the attorneys. A direct examination occurs when an attorney asks their own client questions. These questions are usually open-ended. Cross-examination occurs when the opposing party’s attorney asks questions. During a cross-examination, “leading questions” will usually be asked. Leading questions often suggest the answer in the question and can be answered with a “yes” or “no” answer. After the evidence and exhibits are presented, both attorneys will present their closing arguments. The judge will make a final ruling based on the evidence. If one side is not happy with the judge’s ruling, they may file an appeal.
Properly preparing for a divorce trial is the most important part of the trial. Testifying in court can be a daunting experience for many people. Your attorney will work with you to make sure you are fully prepared for the trial.
An important document is the Pretrial Memorandum which is a document that contains relevant details about the marriage, child custody, child support, spousal support, personal property of both parties, retirement and financial accounts, debts, attorneys’ fees, and other requests that accompany the divorce. The Pretrial Memorandum is an information packet for the judge to review. The court will also need witness lists and financial disclosure statements.
Trials are expensive because of the costs of witnesses & qualified professionals, filing documents, evidence & exhibits, and attorney fees. Depending on the case, witnesses and professional consultants can be vital. Sometimes multiple consultants are required for a case. These professionals and witnesses often charge for their time and skills, which all adds up.
Preparing for a trial can be more costly than the actual trial itself. If you have more questions on whether a trial hearing is your best option, our attorneys can review your case and advise you if a trial is in your best interest.
It is important to make a good impression on the judge and courtroom personnel. It is also important to get to court early to prep with your attorney.
Your appearance during your trial is very important. It shows that you take your appearance in court seriously. Wearing a suit or at least dressing business casual is recommended.
Make sure you are prepared in court and have brought anything that your attorney requests.
Your court case is not likely going to be resolved by one court date. Continuances occur often when more evidence is needed. There will likely be “check-in dates” where your attorney will check in with the court on how the case is going.
You will be under oath when you testify. False statements could make you subject to perjury charges.
It is okay to be emotional when you testify. It is not okay to scream or curse at your former spouse. Let the attorneys do the talking.
If you are unsure about something, ask.
The experienced attorneys at Divergent Family Law will help you navigate Wisconsin’s tricky legal system and act as your best advocate in the courtroom.
Overtrial is a Wisconsin-specific doctrine that can be asserted in family law cases when you believe that the other party’s unreasonable approach to litigation caused you to incur extra and unnecessary attorney fees and court costs.
If the other party is taking action that is resulting in “unnecessary proceedings” during a trial, the court can issue sanctions against that party with the objectives of “deterring unnecessary use of judicial resources” and “compensating the victimized party for fees unnecessarily incurred.”
Copyright © Divergent Family Law. All Rights Reserved
Privacy Policy
