When Divorce Goes To Trial
In San Diego County, as in other counties throughout the state, when the parties cannot agree on things in their divorce, the matter will most likely end up inside the courtroom. At Contreras Law Firm, our divorce attorneys have taken many cases to trial, and we wanted to discuss what the process is like so that you know what to expect if this happens in your divorce case.
Going To Court
Before we get to what happens inside the courtroom, we should talk about what you need to do if your case is headed to trial. Remember that there are rules for each court, and judges are very particular about the way cases are handled. Your attorney will be able to discuss those specific rules and judges with you in your case.
As a general rule, if you are going to trial, remember to dress professionally. You want to show the court respect, and that you respect the process. This will not be the make or breaking factor in your case, but you want to do everything you can to have the court look upon your case favorably.
What Happens Inside The Courtroom
Trials can last part of a day, several days or even longer depending upon the issues or items that need to be resolved. Your attorney will have prepared a case to be laid out at trial. This often includes presenting evidence and questioning witnesses – both to establish your case and contest the other side’s case.
Trial is not the time to present the reasons why a marriage failed. Everyone in the courtroom already knows that a relationship is over and that a divorce is happening. It does not really matter if one party cheated, or any other reason – aside from abuse or behaviors that place the kids in an unsafe situation. If abuse is present, this will often be something extremely important to determinations on child custody matters.
The Court Makes The Final Decisions
At trial, our lawyers are presenting what we believe to be the proper way to decide issues of contention. We’ve presented our evidence. We’ve questioned witnesses. After each side has completed it’s case, the judge then makes a ruling. The judge is the one who weighs all the factors and then comes back with the decision.
You may be thrilled with the end result, you may be extremely unhappy with what happens. In most cases – people get some of the things they request, and are denied others. It really depends on how strong your case is, and how the courts consider the law to apply to your case. After the order is entered, your divorce will be finalized if six months have passed from the time of filing. (If that time has not yet lapsed, the divorce will be official after that six month period.)
Our Divorce Attorneys Take Cases To Trial – Contact Us Today
Our lawyers have been in courtrooms throughout the San Diego metro area and elsewhere in Southern California. If you’re thinking of filing for divorce, opt for a law firm who can be your partner throughout the process. Call us today at 619-908-1495 or send us an email to find a time that works for you.