What Happens in a Divorce Trial?

There are two ways a divorce action can be resolved in Michigan — through settlement or at trial. When spouses cannot reach an agreement regarding any of the issues that must be decided (including child custody, property division, alimony, or child support), these matters will need to be litigated and a judge will determine the outcome. Specifically, a divorce trial is a formal proceeding in which both spouses will have the opportunity to argue their position in court and present evidence to support it. The parties are then bound by the judge’s ruling in the case.

Before Trial

There is a significant amount of preparation that goes into a divorce trial. Each party will work closely with their attorney to gather evidence that will help prove their side. The parties will also have to go through the discovery process of litigation, in which financial documents and any evidence relevant to the issues in dispute must be exchanged. In addition, each spouse may be required to answer written interrogatories under oath or attend a deposition where they would answer a series of questions posed by the other side to gain information and assess credibility.

After the discovery process has been completed — and before trial — the parties may use the information gathered in an attempt to negotiate a settlement. In fact, judges encourage the parties to use mediation to resolve their issues between themselves. However, if the spouses cannot reach a compromise, the case will proceed to trial.

The Stages of a Divorce Trial

If a divorce case goes to trial, a pretrial conference will be scheduled with both parties, their attorneys, and the judge. This is one of the last conferences that will be held before the divorce trial. The objective is to schedule the dates for the trial and any events leading up to the trial — as well as set deadlines for disclosing evidence and testimony. At this conference, the judge will also review the case, determine what issues need to be addressed at trial, and establish parameters for the trial.

Another crucial conference that is held prior to trial is a formal settlement conference. This is a meeting where the spouses and their attorneys will meet with the judge and attempt to negotiate the terms of the divorce. If an agreement is reached, the terms can go on the record and the need for a trial is avoided. In the event the issues in dispute are not resolved after the settlement conference, the case will move forward to be heard by a judge at trial.

A divorce trial will typically go through the following stages:

• Opening statements — The attorney for each side will present a summary of the issue at trial in the case and their client’s position.
• Witnesses appear — Each party can call witnesses who will testify on their behalf. These can include lay witnesses who offer testimony regarding their observations or expert witnesses who provide opinions based on their education and specialized knowledge.
• Evidence is presented — Depending on the issues being heard at the divorce trial, a wide range of evidence can be presented. For example, it can come in the form of documents, photos, communication records, videos, and testimony.
• Direct and cross-examination — The attorneys for each party may question their own client on the stand and use cross-examination to challenge the testimony of the opposing party.
• Closing arguments — A closing argument is the final statement made by each attorney summarizing the issues heard at trial and their client’s position.
• The judge issues a decision — Once the judge has evaluated the evidence and heard each party’s position, they will issue the divorce decree. This is a written order that finalizes the divorce and outlines the terms that the parties must follow.

A divorce trial in Michigan is unlike other civil trials in that they are not held in front of a jury. Rather, they are only heard by a judge. The amount of time a divorce trial can take will depend on the number of issues that need to be tried — and the complexity of them. While many cases are tried in just a few hours, others can take several days.

Are There Alternatives to a Divorce Trial?

Most divorce cases settle before they get to the trial phase. Even if a case is litigated, spouses can reach an agreement at any time before the judge renders a decision. Notably, spouses may resolve the issues that need to be decided through a method of alternative dispute resolution such as negotiation, mediation, or the collaborative process. These methods are much more cost-effective and efficient than litigation. They can ensure that spouses find creative solutions that fit the needs of their family — and they remain in control of the outcome of their divorce.

Contact an Experienced Michigan Divorce Attorney

If you are facing divorce, it’s essential to consult with a knowledgeable divorce attorney who can best advise you regarding your rights and options. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a broad scope of matrimonial and family law services to Michigan residents and works to secure the best possible outcome in every case.

You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.