What to Expect During Divorce Trial | Proceedings Explained

While not all divorces are rocky, some can be emotionally exhausting to deal with. Once you've made up your mind to end the marriage, it's time to focus on preparing yourself for the divorce proceedings, depending on how things end with you and your partner. This guide goes over what to expect if your divorce is mutual or a messy one, and what to do if your case heads to trial.

Difference Between Contested Divorce and an Uncontested Divorce

In New York, the law divides divorce into two categories: contested and uncontested divorce. Depending on the type, the legal process may differ.

An uncontested divorce refers to a marriage that's ended mutually by both parties. Since it doesn't require court intervention, an uncontested divorce is quick and inexpensive, saving time and money on legal fees.

You work with your former spouse to finalize the details of the divorce, whether it's child custody arrangements, spousal support, property division, or any other issue. The court reviews the documents submitted and issues a final judgment.

On the other hand, a contested divorce is a messy one. A contested divorce occurs when either or both parties fail to agree over key issues, such as child support and custody, spousal support, or property division, among others. In a contested divorce, a court intervention becomes unavoidable. Divorce and Family Legal, LLC can also prepare you for what to expect during financial disclosure.

What to Expect During Divorce Trial Proceedings: Step-by-Step Legal Process

A divorce trial involves many different steps, including the following:

Select the Appropriate Grounds for Divorce

In New York, there are two reasons a person can file for divorce: fault-based and no-fault divorce.

No-fault divorce allows an individual to file for divorce on the basis of the irretrievable breakdown of the marriage for at least six months. The grounds for this divorce action are irreconcilable differences.

On the other hand, the grounds for a fault-based divorce include issues like adultery, abandonment, and cruelty.

File a Petition for Divorce

To initiate the divorce process, the applicant must file a “Summons with Notice” or a “Summons and Complaint” in the Supreme Court of New York. This petition is a legal document that provides details about the reason for the divorce and highlights key issues, such as child custody, spousal support, and property division, among others.

Serve Divorce Papers

Before the divorce process begins, the applicant, who is now referred to as the plaintiff, must serve their spouse (the defendant) with the divorce papers. There are several ways they can serve divorce papers, and they include:

• Hiring a process server

• An adult who is not involved in the case

• Certified mail

Providing a court with proof of service is crucial to moving forward. The defendant must respond to the notice within 20 to 30 days, depending on the method of service. They can contest the grounds for divorce or even make counterclaims.

Seek Temporary Orders and Legal Separation

Since the divorce proceedings can take months or, in some cases, years, the plaintiff may apply to seek temporary orders for child custody and support and spousal support payments. These are important to ensuring the financial stability of the spouse and their children during the legal proceedings.

Pre-Trial Conference

Before heading to trial, attorneys from both sides must discuss matters in the judge's chambers, while the judge tries their level best to facilitate a settlement agreement. This is referred to as a pretrial conference. In case there is no mutual agreement over issues in this settlement conference, the judge sets a hearing date for the trial to begin.

Discovery

This is a crucial step in the divorce process. Before the hearing, both parties have the opportunity to seek more details about the case. It could include financial documents, medical reports, property valuations, and other relevant information. This stage is important in gathering evidence, whether it's regarding marital assets or any debt, that could make or break the case, which is why both parties must comply with requests for information.

Negotiations and Settlement

After the discovery process, both sides may have uncovered details about the case that they may not have had prior to filing a divorce petition. They can use this crucial information to negotiate a settlement agreement, which could include resolving child support, property division, child custody, and other issues.

Trial

When negotiations fail and there are unresolved issues, going to trial may become the only option. Here are the steps involved:

• Opening statements: The trial starts off with providing an overview of the case through the opening statements. Plaintiffs go first, soon followed by the defendant.

• Witness testimonies: Witnesses, in a divorce case, can bring credibility by providing further information. They often include family members, friends, and experts, among other individuals. Both sides can cross-examine the opposing party.

• Presenting evidence: Each party must provide compelling evidence, which may include financial records, call logs, and photographs, among others. The judge will evaluate the evidence presented before making any decisions.

• Closing arguments: Closing arguments need to be strong. They must tie all of the evidence presented to justify the divorce and the terms requested.

Judgement

After the closing arguments, it's time for the judge's ruling. The judge issues an order based on all of the facts of the case, including the evidence presented.

Post-Trial Motion

If either party has reservations over the final decision made by the judge, they can file a post-trial motion after the divorce trial process. The judge will evaluate the formal request and decide whether to stick with the original ruling or make some changes to it. The final ruling will bring the court proceedings to an end. Divorce and Family Legal, LLC knows what to expect during post-divorce modifications as well.

Appeal

Any party that disagrees with the final ruling can file an appeal in a higher court. Appeals in the appellate court can be incredibly expensive, time-consuming, and difficult to pursue. It's important to discuss matters with an experienced attorney before pursuing an appeal.

Implementation of the Judgement

If there are no disagreements over the final order, both parties must comply with the terms and conditions of the divorce settlement. Failure to comply with the court's decision can lead to hefty fines and, in some cases, jail time.

What to Consider After a Successful Divorce

Since life circumstances can change with time, the terms and conditions set in the divorce settlement are not set in stone. In genuine cases, a former spouse can request child custody or support order modifications.

Since divorce is a complex process, it's always best to seek professional legal guidance. An attorney can work with your former spouse for a resolution that would ensure the best post-divorce life for you. For more information, this separation lawyer in Albany may be able to help.

Is an Alternative Dispute Resolution Better Than a Trial?

Going to trial can be expensive and often considered the last resort. It's best for divorcing spouses to resolve issues through an alternative dispute resolution. This is a process that involves one spouse and their attorney working with the other side and an arbitrator to come to an agreement.

Any conditions set during the negotiation meetings are legally binding. After the arbitration, the attorneys take the necessary documentation to a judge to sign.

If there are contested issues, whether it's regarding visitation schedules, property division, or child custody, a trial may be the only option to move forward.

How Can a Divorce Attorney Help?

Going through a divorce can be a rollercoaster ride, especially when it involves children or complicated financial matters. Fortunately, you don't have to go through it alone. There are several ways an experienced attorney can help with your divorce, including:

• They can assist with the arbitration process, ensuring that your rights are protected.

• An attorney has the legal knowledge to ensure that they comply with the legal process to avoid case dismissal.

• A family law attorney knows the evidence required to build a strong case before the trial date.

• As the trial begins, an attorney can help seek temporary custody and support orders.

• An attorney knows how to cross-examine a witness, asking all the right questions in the cross-examination.

• Before the judge makes final decisions, an attorney can deliver strong closing arguments to further strengthen their client's position.

Preparing for a Divorce Trial? Let Divorce & Family Legal, LLC Help You Be Ready!

If you're ready to face a divorce trial in Albany or anywhere else in New York, our experienced attorneys can help. We have specialized knowledge of family law and a deep understanding of the legal process, whether it's navigating the discovery phase or handling arguments, to help you get through this emotionally draining stage in your life.

Call us to schedule a free consultation with an experienced New York divorce attorney today!