If you are facing a divorce, there is a chance that your case may proceed to trial. This is often the last resort when spouses cannot agree on some or all of the aspects of their divorce. If you believe your divorce is headed for trial, it’s crucial to prepare yourself for what lies ahead to maximize your chances of achieving the best possible outcome for your case. Please continue reading as we explore what you can expect during a divorce trial and how an experienced Garden City Divorce Lawyer can help safeguard your interests.
What Should I Expect During a Divorce Trial?
Before your divorce goals to trial, you and your spouse will need to file a petition for divorce, serve or respond to the petition, attend temporary hearings, etc. A temporary hearing may be unnecessary for some couples, however, they can help resolve immediate concerns before a more permanent resolution can be reached. After any temporary hearings, you may consider mediation. If mediation isn’t feasible, or if you cannot resolve everything in mediation, a divorce trial may be necessary.
When your divorce goes to trial in New York, you can expect your attorney and your spouse’s attorney to present your cases to the judge. The party who filed for divorce, the petitioner, generally will present their case before the judge first, followed by the other spouse, the respondent. Each party has the opportunity to call witnesses to testify on their behalf. Witnesses can vouch for either parent’s capabilities and their shortcomings. It’s important to note that the opposing party will have the opportunity to cross-examine each witness.
From here, the petitioner will have the chance to reply to the respondent’s points in a brief rebuttal. After all of the documents have been presented, each side will present their closing arguments. Essentially, they will summarize all of the evidence presented before the judge. After the judge hears both sides and considers all the elements of the case, they will decide on the disputed issues at hand.
The trial will conclude once the judge offers their final judgment. Once the final judgment has been reached, an official document known as the divorce decree will record the ruling, and each party will sign. After each party signs the agreement, the terms become legally binding and enforceable.
Should I Consult a Lawyer?
If you have attempted to resolve issues with your spouse and cannot come to an agreement, a divorce trial may be unavoidable. If this reflects your circumstances, having a seasoned divorce lawyer by your side can make the process go smoother and ensure you receive a fair settlement.
At the Law Offices of Eyal Talassazan, P.C., we are prepared to guide you through each step of the divorce process, no matter how complex or challenging it may seem. Connect with our firm today to discuss your case.
