What To Expect In Court

The Courtroom.
The décor of courtrooms across the nation varies. There are traditional courtrooms in historic courthouses with wood paneling, leather chairs and a raised judge’s bench. There are also modern makeshift courtrooms in courthouse basements with ordinary tables and chairs. Regardless of the décor and location, most courtrooms share the same layout. The judge is seated at a large bench or table in the front and center of the room. A court reporter is seated between the judge’s bench and the lawyers’ tables, which are also centered in the room. A jury box usually runs along one of the walls perpendicular to the judge and there is additional seating at the back of the room for the public. A bailiff is seated near the lawyers’ tables or judge’s bench and a court clerk has a desk nearby.

People in the Courtroom.
Generally, one judge presides in a divorce trial. In some cases, however, a jury may be present. Along with the judge and jury, you can also expect a bailiff (usually an armed officer), a court reporter, a court clerk, your husband, your husband’s lawyer and his experts, your lawyer, your experts and, possibly, members of the public who play no role in your case.

The Procedure.
Generally, a divorce trial proceeds as follows:

1. The court is called to order and the judge verifies attendance of the parties.
2. Preliminary motions or requests are made. The judge may summarize the issues at trial.
3. The petitioner (also referred to as the plaintiff) presents his or her case. Witnesses are called to testify and arguments are made. During the petitioner’s case the respondent (also referred to as the defendant) may cross-examine the witnesses and make motions and objections.
4. The respondent presents his or her case. Witnesses are called to testify and arguments are made. During the respondent’s case the petitioner may cross-examine the witnesses and make motions and objections.
5. Both parties make closing statements.
6. The judge and/or jury make their decision. The judge may give an immediate decision, call a short recess to consider the matter in chambers, or reserve judgment, in which case the judge’s decision will be provided to both parties at a future date.

This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.

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