Phase 6: Trial

There are several distinct parts of a civil trial:

Opening statements. Trial begins as the lawyer for each spouse gives an opening statement to the court. They summarize disputed issues and explain how the evidence supports a decision for their respective clients.

Plaintiff's evidence. The plaintiff's attorney begins proving up the allegations in the complaint by calling witnesses to testify and by putting documents into evidence as trial exhibits. A trial exhibit is any physical evidence that supports a point in the case being proven. The attorney usually has a detailed outline about the order for questioning each witness and the use of trial exhibits. Interviews of each witness occur before trial to coordinate testimony so the case presentation will go smoothly. Questions by the plaintiff's attorney may be given to "friendly" witnesses in advance. No witness must ever give any false testimony; that could result in perjury.

In some divorce cases, the plaintiff spouse may be the only witness called if the case can be adequately proven without using anyone else. Friends and relatives of a spouse do not usually testify unless character or integrity issues arise. Sometimes the plaintiff's attorney calls the defendant spouse as an adverse or hostile witness to complete proof of the plaintiff's case. This does not mean he or she is abusive. It merely means the court gives more leeway to questioning by the attorney.

The plaintiff's attorney questions each of the plaintiff's witnesses, called direct examination. Then the defendant's attorney may question the witness further in cross-examination. If the testimony is particularly damaging to the defendant's interests, the attorney tries to find any errors or show that the witness is not believable. This entire process of questioning witnesses tests the accuracy of testimony before it affects the outcome of the trial.

Defendant's evidence. After the plaintiff's attorney completes the plaintiff's presentation, the defendant's attorney proceeds with the other side of the case issues. Use of witnesses, including examination by both attorneys and introduction of trial exhibits, occurs in the same manner as for the plaintiff. The task of the defendant's attorney is to counter any damaging arguments of the plaintiff, while also showing the court why the defendant's case is more reasonable to believe.

Plaintiff's rebuttal. The plaintiff's attorney then has another opportunity to present additional witnesses and evidence to contradict the defendant's case (called a rebuttal). Many times this step is not necessary unless the defendant's attorney has brought up new evidence or especially damaging witness testimony requiring clarification or further challenge.

Defendant's rebuttal. In fairness, if the plaintiff's attorney presents new witnesses or evidence in rebuttal, the defendant's attorney is then also given a chance for rebuttal.

Closing arguments. The attorneys for both sides then summarize the evidence for the court once again in a manner most favorable for their respective clients in closing arguments.

Final ruling. The court then makes a decision on each of the disputed issues after taking the evidence into account, called rulings. The judge may give these rulings on the same day that the trial ends or elect to take matters under advisement. This means the judge wants to think some more about the case and make the rulings on a later date by advising the attorneys.