What Is a Trial in Divorce
A trial is a formal court proceeding where a judge hears evidence and testimony from both spouses and makes binding decisions on disputed issues. Unlike settlements negotiated between lawyers, trials put control of the outcome into the judge's hands. The judge then issues a judgment that covers property division, custody, spousal support, child support, and any other contested matters.
Trials happen when you and your spouse cannot agree on one or more key issues. This makes it a contested divorce. Not all contested divorces reach trial. Many settle during discovery or at pretrial conferences. But if settlement fails, trial becomes your dispute resolution mechanism.
How a Divorce Trial Works
The trial process follows a structured format across most U.S. jurisdictions:
- Opening statements: Each attorney outlines their case to the judge.
- Presentation of evidence: Both sides present documents, financial records, and witness testimony. In custody disputes, this often includes expert testimony from child psychologists or custody evaluators.
- Cross-examination: Your spouse's attorney questions your witnesses, and your attorney questions theirs.
- Closing arguments: Attorneys summarize their positions based on evidence presented.
- Judge's ruling: The judge issues a verdict addressing each disputed issue. This typically happens within 30 to 90 days, depending on your state and case complexity.
Most divorce trials last one to three days, though complex cases with significant assets or custody disputes can extend longer. Some states like California and Florida require mediation before trial, which often prevents cases from reaching this stage.
What Gets Decided at Trial
- Property division: The judge splits marital assets and debts according to state law. Community property states (California, Texas, Arizona, and eight others) divide assets 50/50 unless the judge finds good cause otherwise. Equitable distribution states divide assets "fairly," which may not be equal.
- Spousal support: The judge determines amount and duration based on income, earning capacity, length of marriage, and standard of living.
- Child custody and visitation: The judge applies the "best interests of the child" standard, considering each parent's involvement, stability, and the child's preferences (depending on age and state).
- Child support: Calculated using state guidelines based on combined parental income. Most states use the "income shares" model, where support is based on the percentage each parent earns.
Time and Cost Implications
Trials are expensive. Attorney fees typically range from $15,000 to $50,000 or more depending on case complexity and your location. You also pay court filing fees (typically $200 to $500) and may need expert witnesses, which cost $2,000 to $10,000 per expert. Contested discovery before trial drives costs higher because both sides exchange documents, conduct depositions, and request financial disclosures.
Timeline varies significantly. A straightforward trial might conclude in six months from filing to judgment. Complex cases involving business valuations, multiple properties, or high-conflict custody disputes often take 18 to 36 months. Your state's court docket and judge assignments also affect speed.
Common Questions
- What if I cannot afford an attorney for trial?
- Most states do not appoint public attorneys for divorce cases. Some legal aid organizations serve low-income individuals. You can also represent yourself (called "pro se" representation), though judges discourage this in custody cases. Consider fixed-fee attorneys or payment plans if you have limited resources.
- Can the judge order me to pay my spouse's attorney fees?
- Yes, in many cases. Judges can order the higher-earning spouse to pay part or all of the other spouse's reasonable attorney fees if there is a significant income disparity or if one party acted in bad faith. This varies by state and specific circumstances.
- What happens after the judge makes a decision?
- The judge issues a written judgment or decree. Either party can appeal within a set timeframe (typically 30 to 60 days) if they believe the judge made a legal error. Appeals are expensive and have a low success rate unless the judge clearly misapplied the law.