The path that takes a married couple to the decision to divorce is often rocky, but once divorce is the inevitable end of a marriage journey, the process of obtaining the best possible outcome of the divorce begins. Fortunately, many spouses are able to avoid a contentious divorce trial in court by reaching an out-of-court settlement agreement on all aspects of their divorce, including child custody, child support, the division of their assets, and spousal support. Mediation often helps resolve disputes outside of court so spouses can make a settlement agreement for a judge to sign into final orders. However, sometimes divorcing spouses cannot reach fair agreements despite mediation. In these cases, a judge must hear arguments on both sides and make decisions in court. So, how does a divorcing spouse prepare for trial?
Before your case goes to trial, your attorney will first use the discovery period to work through documents disclosing your financial assets, categorizing your separate assets and the marital assets you and your spouse must divide fairly. In most cases, there will be negotiation meetings and an appointment with a professional mediator in an attempt to reach an out-of-court settlement agreement. Only when these attempts to settle the divorce terms fail does your attorney begin to prepare for trial. To prepare, your attorney will do the following:
Finally, your attorney will fully prepare you for trial during the days before the trial date to ensure that you are well-prepared.
Preparing for a divorce trial takes months of preparation—and often that’s after months of efforts to avoid trial by undergoing mediation and negotiation meetings to work toward a settlement agreement. Unfortunately, out-of-court settlements are not always possible or even advisable. For example, a parent cannot compromise on child custody if it puts their child in an unsafe situation. In other cases, unresolvable disputes arise on the division of marital assets. In these cases, both sides must present their arguments in court for a judge to decide.
At the trial, both sides testify, present evidence, and call forward eyewitnesses. After hearing the evidence and testimony on all disputed divorce terms, the judge makes final decisions and signs them into binding, legally enforceable orders.
Before your divorce trial, your Denver family law attorney will make sure you are fully prepared and know what to expect and how the process works. Be prepared to dress in suitable business attire and to be respectful and courteous at all times despite the emotional nature of the proceedings. Before the trial, your attorney will ensure that all documents are in order, witnesses are prepared and ready, and all evidence is ready to present in a clear, compelling manner.
Although there are some variations depending on the circumstances of the case, most trials proceed as follows:
After the trial, the judge spends time considering all evidence and testimony presented at the trial before making decisions and signing them into enforceable court orders.
One important consideration when spouses face the decision to settle their disputes outside of court through alternative dispute resolutions like mediation and arbitration rather than going to trial is the fact that a trial is a public matter. Not only does it require presenting the personal details of your life in a public space, but all evidence and testimony become a matter of public record. A court may protect certain details pertaining to children and personal addresses, but the bulk of the case is accessible to anyone who chooses to access the record.
Attorneys charge through billable hours. When divorcing spouses resolve their disputes outside of court, it’s always a faster, smoother process, resulting in a less expensive final attorney bill. A divorce trial costs far more than if you and your spouse can reach a settlement agreement either through negotiation meetings with your attorneys, one or more meetings with a professional mediator who offers creative solutions to problems, or through arbitration. Arbitration works in a way that’s similar to a trial but uses a professional arbitrator. You and your spouse must agree to abide by the arbitrator’s binding decisions just as you would a judge. In arbitration, the details of your divorce remain off the public record. After the arbitration, your attorneys present the agreement to the judge to sign without a trial.
Although alternative dispute resolution is almost always favorable compared to a trial, around ten percent of all divorces end with a trial. When the terms you seek in a divorce are reasonable, your Denver divorce attorney will ensure a well-executed strategy at trial to maximize your chances of obtaining the outcome you’re seeking. Call Ciancio Ciancio Brown, P.C. today so we can begin a strong strategy to put you on the right path forward in the divorce process. Contact or call us today at (303) 451-0300.
