Going through a divorce doesn’t always mean that you will have to go to trial. Quite often, the divorce cases will settle before they reach that stage. Through mediation, negotiation, and trying to get both parties to find common ground, it’s possible that the couple can resolve their main issues and never have to go to an actual trial. This is typically the goal, so here are some divorce trial preparation tips.
Of course, it doesn’t always work out that way. Sometimes, there might be a few sticking points that simply can’t be resolved. Maybe there are issues with certain assets that both parties feel belong solely to them, or they don’t feel that they should pay any spousal maintenance. Maybe they feel that they shouldn’t have to pay certain debts. Regardless, cases where conflict remains will go to trial.
Therefore, it’s important to make sure that you know how to prepare for trial, so you understand what’s going to happen and what will be expected of you. The goal of this two-part article will be to help you get to that point, so you can be ready.
The Best Time to Prepare for Divorce Trial
- Start Months in Advance: Effective trial preparation does not happen a few days or weeks before your court date. It begins months ahead of time to get all your documentation and strategy in order.
- Expect a Three-Month Window: Courts usually set trial dates roughly three months out, giving you a structured timeline to gather evidence and build your case.
- Keep Settling Issues Early: You can continue negotiating with your ex right up until the trial date. Eliminating even two out of four disputed issues leaves fewer items to worry about in court.
- Simplify the Trial Scope: Resolving minor points ahead of time speeds up court proceedings and cuts down on preparation work. You will not need to prepare evidence, build arguments, or present testimonies for resolved issues.
- Finalize the Remaining Agenda: Any unresolved issues must be handled by the court. Your attorney will inform the judge of these specific points and the estimated trial length so the court can set the final schedule.
What Needs to Be Considered?
The next step is to look at what’s remaining in terms of issues that need to be resolved. You also need to know which documents and witnesses you have already prepared and gathered, as well as what else you will need. You also need to make sure that everything has been disclosed, so the other party knows what to expect.
At this point, you can start to make decisions and come up with a strategy that you will execute during your trial presentation. Identify the broad issues that are remaining, whether it is spousal maintenance, property division, parenting time, etc.
Know the Statutes for Your Issues
- Identify the Relevant Laws: Once you know which issues remain, look up the exact statutes that apply to them. You must research these laws yourself if you represent yourself, while an attorney can locate and explain them for you.
- Match Evidence to Statutory Elements: Examine each statute in detail. If a law contains ten distinct elements required for proof, systematically match your specific evidence to each of those ten points.
- Frame Evidence to Fit the Law: Evidence that seems irrelevant at first glance may work if presented through the right legal lens. For example, in a no-fault divorce state like Arizona, a judge will ignore infidelities, but evidence of spending money on an affair becomes admissible if framed as marital waste to support a claim for spousal maintenance.
- Align Arguments With Judicial Standards: Judges evaluate cases strictly against written statutes. Understanding these laws inside and out allows you to present your facts in the exact legal language the court uses to make decisions.
The Pretrial Statement
The evidence that you gather and that can be used in your case becomes the exhibits that will be presented at the trial. Once you have the evidence and all of the preceding work done, you can draft the pretrial statement. This is essentially the outline for how you are going to present at your trial. All of the exhibits will be listed, as well as objections to evidence from the other party, etc.
Even if you feel as though you can represent yourself in court and handle much of the work on your own, it’s still a good idea to have an attorney help with this part. They can help you to better understand the statutes and how they can apply, and they can help with writing the pretrial statement. This can often make the process quite a bit simpler and can help to ensure accuracy.
In Part Two of the article, we will be looking into preparing the testimony and divorce trial preparation.
