This is How You Win Your California Divorce Trial

Understanding what to expect in a California divorce trial is important for anyone facing this process. This guide provides an overview of key topics, preparation strategies, and courtroom procedures to help you navigate your case effectively.

The California Divorce Trial Topics We Cover

• Settlement vs. Trial: Which Is Better?
• Are California Divorce Trials Public?
• Pretrial Procedures in California Divorce Cases
• Do You Need an Attorney for a California Divorce Trial?
• Trial Time Estimates and Potential Delays
• Key Topics in California Divorce Trials
• Preparing for a California Divorce Trial
• Understanding the Courtroom Roles
• What Is a Closing Argument?
• How Does the Judge Deliver the Decision?
• Need Representation?

Settlement vs. Trial: Which Is Better?

While a reasonable settlement is ideal, it should align with the law and facts. If a settlement isn't possible, some or all issues may go to trial. Partial settlements are common, and unreasonable positions can lead to one party requesting sanctions (in the form of fees and costs against the other party.

Are California Divorce Trials Public?

Yes, California divorce trials are public. Anyone can attend. A privately retained judge or commissioner (versus a public one) might offer some relief for those concerned about privacy, but the cases remain technically public. Private judges are often used in high-profile or complex cases.

Pretrial Procedures in California Divorce Cases

Most California counties hold pretrial conferences to ensure trial readiness and establish ground rules, including the exchange of trial documents. The process can vary by county.

Do You Need an Attorney for a California Divorce Trial?

Representing yourself in a California divorce trial is unwise, especially if your spouse has a lawyer. If you cannot afford an attorney, but your spouse can, consider filing an attorney fee motion to level the financial playing field.

Trial Time Estimates and Potential Delays

A trial time estimate helps the judge plan the trial's duration. Complex cases often require more time due to the volume of documents and witnesses. Delays are common, especially for longer trials, where finding consecutive days in court can be challenging.

Key Topics in California Divorce Trials

Child Custody and Parenting Time

Child custody cases usually settle but may go to trial when child abuse, neglect, or domestic violence allegations arise. Trials focus on the child's best interests—health, safety, education, and general welfare.

Child Support

Child support trials often involve disputes over income or imputation of income. These cases typically require expert testimony from forensic accountants or vocational evaluators.

Spousal Support

Spousal support cases in California divorce trials revolve around Family Code 4320, which considers the marital lifestyle and other factors. For more details, see our guide on spousal support in California.

Attorney Fee Disputes

Common attorney fee disputes involve:

• Family Code 2030-2032: These code sections focus on the need for fees and the ability to pay, aiming for financial parity.
• Family Code 271: Sanctions for conduct that frustrates settlement or increases litigation costs.
• Family Code 3027.1: Awards fees if knowingly false accusations of child abuse or neglect are made during custody proceedings.

Property Division

Property division includes real estate, personal property, and sometimes intellectual property. Disputes may involve separate property claims like Family Code 2640 claims for separate property downpayments.

Business Valuation and Division

If a business is at issue, expect expert testimony regarding the business' value, financial statements, and industry analysis.

Preparing for a California Divorce Trial

Effective preparation for a California divorce trial includes:

• Reviewing and organizing exhibits
• Subpoenaing witnesses
• Preparing questions for witnesses and the opposing spouse
• Preparing the client for testimony
• Drafting the trial brief, exhibit list, and witness list
• Preparing opening statements and closing arguments

Trial Brief

The trial brief is a roadmap for the judge, outlining the facts and law that support your position. It can vary in length depending on the complexity of the case.

Trial Exhibits

Exhibits are important in any trial. Depending on the issues at hand, they may include documents, emails, texts, financial statements, and expert reports.

Trial Subpoenas

Subpoenas compel witnesses or documents to be presented in court. Specific rules and timelines apply to consumer records.

Opening Statement

The opening statement is the lawyer's first chance to present the case, outlining what the evidence will show.

Direct and Cross-Examination

Direct examination starts the testimony with non-leading questions. Cross-examination allows leading questions, often aiming for "yes" or "no" answers.

Understanding the Courtroom Roles

Where Does Testimony Occur?

Testimony usually occurs in the "witness box," where the person testifying is placed under oath before direct or cross-examination begins.

How Are Exhibits Used?

Exhibits are marked for identification and introduced into evidence through questioning. The judge decides their admissibility.

What Is the Judge's Role?

The judge is the trier of facts, managing the trial and making final decisions. The judge's discretion plays a significant role in the outcome.

What Is the Department Clerk's Role?

The department clerk manages exhibits, records rulings, and coordinates the courtroom's calendar. Professionalism and courtesy towards the clerk are crucial.

What Is the Court Reporter's Role?

The court reporter records everything said during the trial, creating an official transcript.

What Is a Closing Argument?

The closing argument is the final opportunity to argue your case, summarizing the facts, law, and evidence to persuade the judge to rule in your favor.

How Does the Judge Deliver the Decision?

A judge's decision in a California divorce trial can be delivered:

• Immediately after the trial
• At a later date, in a follow-up session
• In writing, sent to the lawyers or parties involved

Need Representation?

This guide provides an overview, but if your case may be headed for trial, consider scheduling a case strategy session with us. It's a smart investment to get tailored advice and a preliminary strategy for your situation.