My Case is Going to Trial: Now What?

When you begin your divorce case, it’s unlikely that you were planning for a trial. In some cases where you can’t agree with your spouse or there are simply issues that your attorneys can’t resolve, a trial is necessary.

In “real life,” a trial isn’t quite like the court you see on television. In fact, domestic relations court is rarely as it is on the screen in real life. This leaves many people feeling uneasy and anxious for court, especially since they don’t know what to expect.

Divorce trials aren’t nearly as eventful as what you may expect. And, by getting more familiar with the process, you won’t have to be as apprehensive going into your own trial should your case not settle.

Divorce Trials 101 

Most divorce trials take place over a two-day period for about three hours per day. During these two days, your attorneys will present arguments and evidence to support your position on each issue such as maintenance, child support, property division, the division of debt, and more.

During the trial, you’ll sit with your attorney at a table on either side of the courtroom. Unless you’re called to the stand to testify, you won’t have to speak in front of the court.

At the conclusion of the trial, the judge will make his or her rulings regarding the relevant issues of your case. These rulings aren’t up for discussion and will be incorporated as part of your divorce judgment. You must adhere to the divorce judgment, otherwise your spouse may be able to return to court with you should you violate the judgment.

Can You Appeal Divorce Judgments?

In short, yes. However, appealing a divorce judgment is incredibly expensive and often isn’t worth the amount of time and money it takes to do it.

This is the clear benefit of settling your case – you retain control over the final outcome of each issue rather than delegating control to the judge. Even if you believe you’ll reach a fair judgment at trial, it’s important you consider the alternatives. If a judge rules against you on a particular issue, can you live with it? If not, it’s in your best interest to attempt to settle.

Settle Your Case With the Expertise From Lawrence R. Surinak Ltd. 

At Lawrence R. Surinak Ltd., we rely on our over 35 years of experience in divorce and family law to help clients settle cases rather than relying on trials to achieve the results they want.

Take advantage of your free 30-minute consultation by contacting Larry today at 630-470-9990 or fill out our simple online form to request a time. We look forward to speaking with you and helping you better understand the trial process and the steps necessary to settle your case and avoid a trial.

Leave a Reply

Your email address will not be published. Required fields are marked *