Contested Cases

If it does not appear that your case will settle or if your attorney feels that settlement negotiations may proceed better against the backdrop of a trial date, a trial date is requested. Upon the completion of all discovery, the case is set for a hearing. Please keep in mind that settlements sometimes occur just before trial. The attorney then recites the agreement on the record (before a judge and court reporter). Though both parties may desire a divorce, if there is not an agreement on all issues, the matter is contested and a trial is necessary. Preparing for trial is an intense, time-consuming, and, therefore, expensive process. Testimony requires preparation. All evidentiary documents are copied and cataloged. If there will be testimony, your attorney will meet with the experts to prepare for cross-examination of the other side. Research and briefs may be necessary. At the trial, witnesses and records substantiate positions of the parties as to support, custody, property, or other issues.