In addition to the names, you need to list addresses and phone numbers for the witnesses. If a witness is not listed on your witness list prior to trial, the Judge will exclude them from testifying.
Once this is turned over the other side has the ability to contact your witnesses and even set them for depositions if they wish. However, you will have the same ability with their witnesses. You would need to subpoena any witness you plan to call to trial. If you do not issue a subpoena then the Court would have no remedy if the witness did not show up to trial. It is important to make sure you review the Financial Affidavit which was submitted to the Court and make any changes necessary prior to the trial.
The Financial Affidavit is a sworn to statement listing your income, expenses, assets, and liabilities. At the actual Pretrial Hearing all parties need to be present. The Judge will review the submitted Pretrial Memorandums and go over the probability of the case actually going to trial as well as the following preliminary matters:.
Your trial will be at the courthouse. This is really an opportunity for your attorney to do two things. First, your lawyer wants to communicate with the other attorney to see if there are any additional agreements that can be made. Sometimes we can resolve the entire case the morning of trial. Maybe more often, we realize during trial prep that there are some things that can be stipulated, which will save time and expense during the trial and cut down the amount of time the trial will take.
Judges love this. When we go in front of the judge, remember that the judge is the person listening to the evidence and making decisions. There is no jury in family law court. The benefit of this is that judges will often have trials in little courtrooms or in their chambers. This can be much more comfortable and less scary than having a trial in front of a big courtroom.
When we go in, the judge will greet everybody and ask the attorneys if they are ready. The attorneys will likely say yes, and the trial begins. Your attorney wants to outline the different issues in the case time-sharing, asset distribution, alimony, child support, and everything else. Your attorney establishes credibility in the opening statement by stating facts accurately and precisely.
Examining witnesses : after the openings are done, the case goes right into examining witnesses. The petitioner who filed the case usually goes first in calling his or her witnesses. These witnesses include:. Direct examination : when your attorney asks you or his own witnesses questions, we call that direct examination. Cross-examination : when the other side asks you questions, this is called cross-examination.
This is the opportunity for the other side to probe your direct testimony. You can expect that the other side will ask you a lot of leading questions. By leading, we mean yes or no questions. Closing argument : the final part of the trial is closing arguments from both sides. Closing Arguments: Once all documents have been presented and all witnesses have spoken, each party will make their closing arguments. At this time, they will summarize all of the evidence presented before the judge.
The Judgment: The trial will conclude after the judge offers his or her final judgment on the case. This judgment will include orders regarding each key aspect of divorce, from child custody to asset division. Once a final judgment has been reached, an official document will record the ruling, and each party will sign. Once the final judgment has been signed by each spouse and the judge, the divorce will be final.
To learn more about the divorce procedure in Washington state, visit our Divorce Process page. Our Washington state attorneys at McKinley Irvin are prepared to help you through each step of the divorce process, no matter how complex or challenging it may seem.
We have ample experience both settling cases and in trial, so we can ensure you know all of your options before we begin. What Happens if a Divorce Goes to Trial? One option to consider before going to trial to settle your divorce is a partial settlement, where you and your ex-spouse settle some, but not all, of your disagreements through mediation and leave the rest up to a judge.
This would give you more control over the outcomes than if everything were settled in the courtroom. If your divorce goes to trial, you need to be prepared for the stress, the emotions, and the potential fallout. A judge will take things like financial statements and testimonies into consideration. Testimonies often come from family members of either party, but more importantly, they often come from shared friends.
For example, many people enter their divorce proceedings hoping to be able to use outside conversations as testimony, but this is actually considered hearsay and cannot be taken into consideration in a court. There are some exceptions to the no-hearsay rule, but for the most part, outside conversations cannot be used as evidence. Another common misconception in divorce trials is that if one party holds more of the fault for the dissolution of the marriage in the case of infidelity, for example , it is assumed that the judge will immediately grant favor to the other party.
This is not always the case. When it comes to the division of assets or anything else determined by the judge alimony, child care, etc. It is important to note that a divorce trial is different from a divorce hearing. Divorce hearings can happen throughout the divorce process to make temporary arrangements before the divorce is finalized.
These temporary arrangements can provide for child custody, child support, alimony, living arrangements, and other financial matters.
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