How the trial works:

• The judge opens court.

• Each party or attorney makes an opening statement, outlining what the trial is about and what is requested.

• The petitioner calls witnesses (including the petitioner) and introduces evidence.

• The respondent has an opportunity to cross-examine each witness by asking questions.

• The respondent calls witnesses (including the respondent) and introduces evidence.

• The petitioner has an opportunity to cross-examine each witness by asking questions.

• Either party or attorney makes a closing argument, summarizing the requests specifically and presenting reasons for the judge’s decision.

• The judge announces a decision.

After the judge announces the decision, the parties or their attorney’s must prepare final orders reflecting the judge’s decision for the judge to sign.

The clerk, who sits next to the judge, manages the exhibits during the trial. Each exhibit must have a reference number assigned by the clerk before it may be introduced into evidence. The exhibits may be marked before the trial begins.

The court reporter, who sits in front of the judge, makes a record of everything that is said in court. It is important to speak loudly and clearly so that an accurate record can be made and so that everyone can hear.

The judge usually takes a 15 minute recess in the morning and in the afternoon. The lunch break is generally from 12:00 Noon until 1:30 pm.

What You Will Need for Trial:

1. Completed proposed final documents

For dissolution of marriage:

• Findings of Fact/Conclusions of Law

• Decree of Dissolution

• If there are children:

  • Parenting Plan

  • Order of Child Support

  • Child Support Worksheets (and recent pay stubs & tax returns)

For an action for parentage or to establish a residential schedule:

• Findings of Fact/Conclusions of Law

• Judgment Establishing Parentage

• Parenting Plan

• Order of Child Support

• Child Support Worksheets (and recent pay stubs and tax returns)

For a non-parental custody action:

• Findings of Fact/Conclusions of Law

• Order of Child Support and Worksheets (as appropriate)

• Non-parental Custody Decree

For a modification action

• Order on Modification of Parenting Plan

• Parenting Plan

• Order of Child Support

• Child Support Worksheets (and recent pay stubs and tax returns)

2. An outline of what you plan to tell the judge

Each party will have an opportunity to tell the judge about the case. It is a good idea to make a written outline of the things you want to tell the judge so you don’t forget anything. The judge will want to know exactly what you want and why.

3. Witnesses (optional)

Generally, all information from people who know something about the case must be presented under oath in the courtroom. Written statements do not provide the other side an opportunity to ask questions or cross-examine witnesses and will generally not be considered by the judge at the trial. If you are calling a witness, you will need to ask the witness questions in order for the witness to provide the information you want the judge to know. It is a good idea to write down the questions you plan to ask the witness.

4. Exhibits (optional)

The judge will need to determine the value of your property. Some examples of documents that would help determine value include:

• If you own a house: an appraisal & a mortgage statement showing the balance owing

• If you own automobiles, Bluebook information

• If you have a pension, IRA or 401K: a statement from the program showing contributions or value

• If there are debts: a monthly billing statement from the time of separation and now