While it is ideal for divorcing couples to settle issues on their own or with a help of a mediator, this is not applicable for all cases. This is especially true if one party refuses to participate or if both spouses cannot communicate without arguing. In cases like these, it is likely that the divorce may go to trial.
If this the same of you and your spouse, burnhamlaw.com and other divorce attorneys in Boulder share some of the things you should know and expect in divorce courts:
- You can’t predict the ruling. If you cannot settle things on your own, you should let a judge make all the decisions, especially when it comes to child custody, asset distribution, and other divorce issues. Keep in mind that judges apply the law and use the facts of the case to make a decision. It is difficult, however, to predict how they are going to come up with a ruling. They may or may not see things the way you see them.
- There are no jury present. Most marriage dissolution trials are bench trials or are decided upon without a jury. It is most likely that the judge will have to make all the decisions by reviewing evidence and listening to the witnesses’ statements. One good reason for this is the rise of no-fault divorce (in no-fault states), which means that no one is to be blamed for the split up or breakdown of the marriage.
- It may be boring. While court trials in televisions are exciting and full of shocking moments, this is not necessarily for divorce trials in real life. This mostly involves introducing evidence (most in document form), cross-examining witnesses, and explaining legal arguments. It is also likely that the parties have already exchanged documents and information before going to trial.
You may be able to represent your case in court, but it is not advisable. This is because you will have to do everything on your own while also making sure that you comply with the rules. It is recommended that you hire a reliable divorce attorney to help you prepare for a divorce trial. They will also guide you until the settlement is over.