Going to trial divorce california is the outcome when settlement negotiations fail and one or more contested issues — property division, support, or custody — must be decided by a judge. A family law trial california follows many of the same procedures as other civil trials but has important differences in how evidence is presented and evaluated. Understanding what happens at a divorce trial california, how long trials take, and what the process involves helps you prepare effectively and set realistic expectations.
When Divorce Cases Go to Trial
Contested divorce trial california cases go to trial when the parties cannot reach agreement despite negotiation, mediation, and settlement conferences. Most California family law cases settle before trial — the time and expense of trial, combined with the uncertainty of a judicial decision, create strong incentives to resolve disputes through agreement. But when the parties' positions are too far apart, or when bad faith or unreasonable demands make settlement impossible, trial is the appropriate resolution.
The Structure of a California Family Law Trial
Divorce court california what to expect at trial: family law trials in California are bench trials — decided by a judge, not a jury. The trial begins with opening statements from each attorney. Witnesses then testify under direct examination by the calling attorney and cross-examination by the opposing attorney. Documents, financial records, expert reports, and other exhibits are admitted into evidence. The trial closes with closing arguments from each side. The judge may issue a decision from the bench at the end of trial or may take the matter under submission and issue a written decision later.
What happens at a divorce trial california for property issues: each side presents evidence of the value of community assets, the separate property character of claimed separate property, and the appropriate division. For support, each side presents evidence of income, earning capacity, the marital standard of living, and the section 4320 factors. For custody, each side presents evidence of their parenting history, the children's needs, and why their proposed arrangement serves the children's best interests.
Expert Witnesses at Trial
Family law trial california frequently involves expert witnesses in addition to the parties themselves. Common experts include: forensic accountants who testify about business valuation, income analysis, or hidden assets; real estate appraisers; business appraisers; vocational experts who testify about a spouse's earning capacity; and 730 custody evaluators who present their findings and recommendations. Expert testimony must meet California's evidentiary standards and the expert's qualifications must be established before they can offer expert opinions.
How Long Divorce Trials Take
A divorce trial california can last anywhere from a single day (for simple contested issues) to several weeks (for complex high-asset or high-conflict cases). Court time in Orange County and Riverside County is limited and court days are often not consecutive — a trial may span several months of calendar time even if the total court time is only a few days. This is one of many reasons that settlement, when possible, produces a faster and more predictable outcome than trial.
Furubotten Law, APC prepares and tries contested family law cases throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.