What to Expect if Your Divorce Goes to Trial

Posted on March 03, 2015 09:55am
What to Expect if Your Divorce Goes to Trial

If you and your spouse are seeking a divorce, you may hope to resolve most – if not all – legal issues outside of a trial. While avoiding a trial has its benefits, your case may inevitably go to trial if you and your spouse cannot reach a viable divorce agreement.

Avoiding trial is simply not realistic for all couples, especially those seeking a divorce that involves a high level of conflict. Many couples must go through divorce litigation to resolve some or all of their issues.

Having a divorce lawyer is crucial during this time, as they can guide you through each step of the legal process ahead.

How Litigation Differs From Alternative Divorces

Litigation will involve resolving issues like child support, visitation, and property division with the assistance of a judge. Unfortunately, litigation also requires a significant amount of work from each party – yet another reason why having an attorney is beneficial.

When your divorce goes to litigation, you can expect:

  1. Paperwork to be served to a spouse with information about dates and deadlines.
  2. Documents and answers provided in the discovery process.
  3. Separate hearings concerning spousal support and child custody prior to the court date.
  4. Expert testimony concerning the value of assets or custody concerns.
  5. Preparation of testimony that addresses applicable documents and legal factors.
  6. Settlement offers negotiated between both attorneys on the case.
  7. The ruling of the judge to be developed into a court order and divorce decree.

The divorce decree marks the final stage of the divorce unless an appeal or motion for reconsideration has been filed. If the outcome of the case is being disputed or appealed, additional court hearings will delay the final divorce settlement until all issues have been worked out. Once the divorce has been finalized, spouses can begin the next phase of their lives.

Work with our Oregon divorce and family lawyers for the sound legal guidance that you need.

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