De Novo Law Blog
Divorce Dilemma: Settle or Go to Trial
Going Through a Divorce Can Be Challenging to Navigate
Learn how different circumstances in a divorce can impact whether you choose to settle or go to trial. Choose from any of the topics below.
- Can You Get a Divorce Without Going to Court?
- What is a Divorce or Family Law Trial?
- What Makes a Divorce Have to Go to Trial?
- What Happens if My Divorce Goes to Trial?
- What Should I Expect on the Day of My Divorce Trial?
- Is it Better to Settle Your Divorce or Go to Trial?
- Speak With a Legal Paraprofessional Regarding a Divorce Trial
Can You Get a Divorce Without Going to Court?
In Arizona, it is possible to get a divorce without having to attend court proceedings.
This process is known as an uncontested divorce and can be done in a few simple steps. Firstly, both parties must agree on the terms of the divorce, including the division of assets and liabilities, child custody and visitation rights, alimony payments, and more.
Once these terms have been agreed upon, the couple must complete the necessary paperwork and submit it to their local court for approval. With this formality out of the way, the divorce can be finalized without any further court hearings or legal proceedings.
An uncontested divorce can save time and money compared to traditional methods of going through court proceedings.
What is a Divorce Or Family Law Trial?
A divorce or family law trial is a formal court proceeding that occurs when two parties cannot agree about a divorce or other family-related issues.
During the trial, both sides present their case to the judge, who then decides based on the evidence presented. Both sides can call witnesses and present documents related to the dispute. The judge also considers testimony from any experts called by either side, such as financial advisors or psychologists.
At the end of the trial, the judge will render a verdict and issue orders based on his or her findings. This can include decisions related to child custody, visitation rights, support payments, and the division of assets.
What Makes a Divorce Have to go to Trial?
When a divorce cannot be settled out of court, it must go to trial. This is usually due to a disagreement between the spouses on matters such as child custody, alimony, division of property, etc. In some cases, both parties may agree on certain issues but not all of them, making it necessary for a trial to settle the remaining matters.
Additionally, a trial may become necessary if one party doesn’t respond or participate in the settlement process properly.
Ultimately, when two parties cannot agree, a divorce trial is often needed to reach an acceptable resolution for both sides.
What Happens if a Divorce Goes to Trial?
If a divorce goes to trial in Arizona, both parties will be expected to provide all relevant evidence and testimony to the court. The court will then review this information and decide based on the applicable laws and statutes.
Generally, the court will consider any relevant factors when determining, such as the best interests of any children involved, financial contributions by each party during the marriage, and any other issues pertinent to the case.
Suppose an agreement can’t be reached between the two parties. In that case, a judge will decide on all matters regarding property division, child custody, child support, alimony payments, and other related matters.
The final judgment is typically issued within 30 days of trial, although this time frame may vary depending on the case’s complexity.
Do You Need a Legal Professional for a Divorce Trial?
Yes, you need a paralegal professional or attorney for a divorce trial. They can help protect your rights and interests throughout the process. Also, they can advise on any legal matters that may arise during the proceedings, such as division of property, spousal support, and child custody.
Additionally, they will be able to help you understand the legal implications of any settlement or court order that is presented to you. An experienced legal professional can also provide invaluable assistance in negotiating a fair settlement between both parties.
Tip: If you are seeking information about settling or going to court, consider using a much more affordable alternative to a divorce lawyer and speak with a legal paraprofessional.
What Should I Expect On The Day Of My Divorce Trial?
You should expect to arrive at the court on time on the day of your divorce trial. You may need to bring certain documents with you, such as a financial affidavit and other relevant information.
The trial will start with each party’s attorney introducing themselves and their client. The judge might then ask you questions about the facts of your case and each party’s testimony. The opposing attorney may also ask you questions. After all of the evidence has been presented, the judge will decide and issue an order outlining how assets, debts, and other matters are to be divided between you and your spouse.
Depending on the case’s complexity, this process can take anywhere from one day to several days. It is important to remain calm and focused throughout your trial to accurately answer any questions posed by the judge or attorneys in attendance.
Are Divorce Trials Public?
In Arizona, divorce trials are generally public proceedings. This means that members of the public may attend and observe the trial, although they are not usually allowed to speak or participate in any way. The court will usually allow a limited amount of media coverage of the proceedings as well. While it is possible to request a closed hearing, this is not common, and most requests for privacy in family matters are typically denied.
Generally speaking, if you are involved in a divorce proceeding in Arizona, you should expect your case to be heard in open court with the possibility that it may be reported on.
Is it Better to Settle Your Divorce or Go to Trial?
When deciding whether to settle your divorce or go to trial, it is important to consider both options carefully. Settling your divorce can be beneficial because it often allows for a quicker resolution and can result in fewer costs than if you were to go to trial.
However, going to trial may provide more control over the outcome of your divorce since the court can make decisions about assets, property division, and other important matters that are difficult to negotiate between the two parties.
Ultimately, it comes down to personal preference and what works best for each individual’s situation.
If there is no agreement on any of the issues involved in the divorce, it may be necessary to go to trial; however, if both parties are willing to compromise and find common ground, settling out of court can be a much more efficient option in a divorce case.
Speak with a Legal Paraprofessional Regarding a Divorce Trial
A step that can be taken if you see yourself facing a divorce trial is to contact an experienced divorce paraprofessional at De Novo Law. The team of legal paraprofessionals will be able to concentrate on the case at hand so that you can easily make major decisions concerning custody arrangements.
Call us today at (480) 660-4414 to schedule your consultation.
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