Even in uncontested divorce scenarios, it is common for a couple to still go to court for various reasons. However, this does not make these court visits an official trial. An official trial becomes mandatory when issues regarding the allocation of parenting responsibilities, child support, spousal maintenance, and property division cannot be settled in an agreement. A lawyer experienced in divorce proceedings, and trials can help you navigate the legal complexities of a divorce and represent you in a trial if necessary.
Can I Request a Trial at Any Time?
Requesting a trial at any point throughout the divorce process is possible. Parties with unresolved issues regarding children in a divorce can demand a trial occur within 18 months of a divorce filing. One side can oppose the trial as they may not be ready to participate. In this case, schedules can be set later depending on the reasons for the delay.
What Should I Expect from a Trial?
A divorce trial involves both parties, their attorneys, and the judge. The judge will listen to both sides' arguments and then decide on the unresolved issues. Both sides should gather evidence to support their claims in all contested issues. You can expect a pre-trial where both parties and their legal representation must confer with the judge. The judge will review all the unresolved problems and offer advice on the best way to proceed so that it does not go to trial.
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