Monday, December 10, 2012

What is a Divorce Trial, and What is an Appeal?


A Trial is an Evidentiary Hearing (hearing that involves witness testimony, exhibits, etc). Although most cases settle, it is at times, necessary and unavoidable to go to trial. The Petitioner (the spouse which initiated the Divorce) submits his or her evidence in the form of testimony and exhibits. After the Petitioner is done with his or her case, the Respondent (the responding party) submits his or her case through testimony and exhibits.

Either side can call expert witnesses (for example custody evaluators, financial experts, mental health professionals, etc.). Each side has the opportunity to cross-examine or to ask questions of the witness that the other party submits. Once both sides finish with the presentation of his/her case, the Judge who listens to the testimony and accepts certain evidence into the record, has ninety (90) days from the close of the record to issue a written decision.

Once the Judge issues a written decision, the decision is final. If one party does not agree with the decision, they have the option to either ask for certain Post-Decree relief or/and file an Appeal with the Court of Appeals.

Filing an Appeal is an extremely expensive and time-consuming endeavor. In summary, the Court of Appeals consists of a three (3) Judge panel, which hears oral arguments by the attorneys for both parties. Prior to the oral argument, the Appellant (the party who filed the Appeal) and the Respondent (the party who is responding to the Appeal) must file an "Appellate Brief" which consists of the facts of the particular case, past cases, applicable law, Statutes and Rules and how the law applies to the facts of the particular case before the Court of Appeals.

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