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What Happens If a Divorce Goes to Trial?

There are a lot of issues to discuss when you get a divorce, and if you and your spouse cannot come to an agreement on key issues you are going to have to go to trial. It’s a good idea to know what to expect and how you can minimize the time spent, and money spent, in court. Our Morris County, NJ divorce lawyers can tell you more about what to expect.

Can My Spouse and I Settle Some Matters Before a Trial?

It may be possible to reduce how much time you need to spend on a trial. If you and your spouse can agree on at least a few of the major tenets of a divorce agreement, that can make a big difference.

Some couples choose mediation. Others can work together in a collaborative divorce. If you can come together on a few issues, like alimony, child support, or property division, before you go to trial, then you can spend your time in court working out the last few difficult issues.

What Happens When My Divorce Goes to Trial?

When your divorce case goes to trial, the petitioner gets to make their case. Then the respondent can make theirs. This isn’t necessarily about who is to blame for the divorce. That is rarely a factor, especially if you or your spouse has filed for a no-fault divorce.

You can use witnesses at your trial and expect your spouse to have some of their own. Sometimes witnesses are there to vouch for someone’s character, like a friend who thinks that you should get more parenting time because they’ve seen your devotion to your children first-hand. Some witnesses are there to provide an expert opinion. A property appraiser could talk about the worth of a specific item, for example. Witnesses can get cross-examined too, so they should be ready for that.

One worry that many parents have is that their children will be forced to testify. This is rare in a divorce trial though. It is unlikely that your kids will have to be in the courtroom at all.

How Can I Prepare For the Proceedings?

If you know that your divorce is going to go to trial, make sure that you have all of the important documents you need prepared. Don’t do this the night before. Do this well in advance so that you aren’t rushing around and you don’t risk forgetting anything that can help you with your case.

You should also do your best to keep your emotions in check. That’s easier said than done, but you can work with your lawyer and learn a bit about what you should expect.

Meet With Our Legal Team

So if you’re looking for a lawyer who can help you negotiate a more favorable divorce agreement, contact Townsend, Tomaio & Newmark. We can schedule a consultation and tell you more about what our experienced family attorneys can do for you.

Get to know Townsend Tomaio & Newmark
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