The best way to win a divorce trial is to have an exhaustive strategy, plan ahead, and be as thorough as possible with documentation. You’ll also need to present yourself professionally and credibly to the judge.
Divorce can be a difficult time, no matter the circumstances. A knowledgeable Salt Lake City divorce lawyer from Brown Family Law can be your guide and help you build the best possible case in an effort to win your divorce trial.
Steps for Winning a Divorce Trial
There is no single set of instructions for winning a divorce trial, as everything is so particular to the unique facts and circumstances of each situation. That being said, below are some of the key things that our team at Brown Family Law keeps in mind when preparing to go to trial.
Creating a Narrative
A divorce case can hinge on the narrative that you create. Creating a narrative is more than just stating the facts (even if they’re on your side) and involves placing those facts in a way that expresses why justice should favor you in the case.
One could say that your case needs a theme that unites it. For instance, if your primary goal is to receive sole custody of your children, then your arguments and testimony from witnesses should point to that unified theme. The point of this narrative is to translate a feeling of injustice into legal reasoning that convinces a judge.
Preparation
As with any legal case, the better-prepared team will prevail. Preparations should start well in advance of any formal trial motions, ideally before any trial date has been set. The very last thing you want is to push a case all the way to trial and then lose. You and your lawyer need to anticipate possible challenges the opposition might raise and have strategies to counter them.
Documentation
Financial documentation matters in divorce, especially in cases involving substantial marital assets like real estate or business income. Being honest and transparent in finances not only avoids legal sanctions for hiding assets but can also reflect positively on your character to the judge.
Being Respectful
Tensions might be high during a trial, but you must remain respectful and think before reacting with anger. Trying to shame or blame your spouse in trial will likely backfire and make you seem vengeful and resentful. Maintaining calm and respect gives you the high ground and keeps you from making statements or actions that could work against you.
Get Clear Guidance for Your Divorce
Is a Divorce Trial Better Than a Settlement?
In most cases, a divorce settlement is the more desirable option. A settlement gives you more control over the outcome and can save you emotional turmoil that a drawn-out court proceeding may involve.
However, parties can’t always come to an agreement, and a trial in front of a judge might be the only recourse. This could be the case if one side refuses to negotiate or maintains unreasonable terms of the divorce.
When it’s necessary, a trial can provide:
- Impartiality. When one party is acting unreasonably, such as by hiding assets or making unreasonable demands, a trial can ensure fairness. A judge can bring an impartial view to the case and decide things with a fair outcome in mind.
- Finality. Communications can break down, making negotiations difficult if not outright impossible. A trial can give finality through a legally binding decision that both parties are legally required to follow, with court enforcement available if either party does not comply.
- Safety. A trial might be the better option when a settlement is not possible because one spouse fears for their safety, such as in cases involving domestic violence or substance abuse.
Whether or not to go to trial is a difficult decision. Brown Family Law can assess your case and help you make the right decision.
A Calmer, Clearer Way Through Divorce
How a Divorce Lawyer Can Help You During a Divorce Trial
The key to winning a divorce trial is building a more persuasive case than the other party. A divorce lawyer from Brown Family Law can work with you to build a case that will stand up to scrutiny and give you a solid chance of resolving things in your favor. Here’s how we can help:
- Collecting evidence and financial documentation, like tax returns, income statements, and investment returns
- Conducting formal discovery and evidence sharing with the opposing party
- Anticipating arguments and strategies from the opposition
- Drafting and serving trial briefs
- Filing a Certificate of Readiness for Trial document with the civil court
- Practicing testimony to use in trial
- Representing you in court
It’s difficult to overstate the importance of working with experienced legal counsel during a divorce trial. Call us today to learn more about how we can help.
Contact a Divorce Lawyer from Brown Family Law Today
Do you have more questions about how to win a divorce trial? If so, you should speak to the team at Brown Family Law. We have 150 years of combined legal experience and an exclusive practice focus on family law. We’ve helped thousands of clients and their families manage their legal issues while protecting their privacy and dignity.
Call us today or fill out our contact form to schedule a case consultation with a Salt Lake City divorce lawyer.
