In Florida, the majority of divorces are settled out of court through mediation. However, sometimes, you cannot avoid going to trial. Understanding the litigation process and how it works is essential to preparing your case and getting the best settlement. In this article, the Tampa, FL divorce lawyers at Westchase Law, P.A. will discuss litigation (going to trial) in the context of divorce and how it works.
Why would a divorce case go to trial?
Divorce trials occur when a couple cannot agree on critical issues such as:
- Child custody and child support – You and your spouse may disagree over where the children will live, who has custody, or how much time each parent will have to spend with the children. You may also dispute the financial responsibilities owed to the children.
- Division of assets – Disputes concerning property, investments, debts, and assets can prevent a divorce case from moving forward, especially when there are a large number of assets involved.
- Alimony – Conflicts concerning alimony and whether one spouse will have to pay alimony are common. How long and how much are key considerations.
When negotiations, mediation, or other dispute resolution methods fail, a trial is necessary to resolve the issues.
Preparing for trial
Once it is clear that your case is going to trial, it’s necessary to prepare for the reality of that trial. At Westchase Law, P.A., our team works to gather evidence, including financial documents, witness testimony, and expert reports. You might also be required to participate in depositions in which you and your spouse give sworn statements.
Critical steps in the litigation process include:
- Discovery – Discovery is when both parties exchange information and documents that are relevant to the case. Depositions include interrogatories, requests to produce, and depositions.
- Pretrial motions – Requests for temporary alimony or child support are among the many key motions your attorney may file to resolve certain issues during or before the trial.
- Trial strategy – Our attorneys will help develop a strategy that decides how they will present your case. This includes which witnesses to call and what evidence to produce.
The trial process
In Florida, divorce trials are held before a judge who makes all key decisions related to the proceedings. The trial process includes:
- Opening statements – Both attorneys will present an overview of their case and explain what they intend to prove.
- Presenting evidence – Both attorneys will present their evidence including financial records, expert testimony, and witness statements. The opposing attorney can cross-examine witnesses including both spouses.
- Closing arguments – After all of the evidence has been presented, both attorneys will outline their cases, highlighting the key points they hope the judge will consider.
- The judge’s decisions – Judges tend not to make immediate decisions. Instead, they review the evidence and issue a ruling. The process could take weeks or even months.
Talk to a Tampa, FL Divorce Lawyer Today
Westchase Law, P.A. represents the interests of Florida residents during their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing key areas of your divorce such as property distribution, alimony, child custody, and child support.