What to Expect From a Family Court Trial

The divorce trial or family court trial will be the biggest and most important event in the entire process of your legal matter— if you get there. As I outlined in an earlier blog post about the family court process, the judges really do not want to see your case unless completely necessary. Taking frivolous matters to a court when there is already a backlog of child abuse, drug abuse, and domestic violence cases on the docket will piss off any judge; and you don’t want to do that.

And yet, sometimes a divorce trial is the only path toward a conclusion of the matter. That’s okay, too.

The Divorce Trial is the Culmination of Everything That Happened During Your Matter

This is when you and your legal team will stand in front of a judge and lay out the concerns, what you are asking for, and all the evidence that would support this. Ideally, you have your divorce lawyer with you and a Barrister who will do the questioning and cross-examining. Your ex-partner will likely have the same, and if you share children together there will be an Independent Children’s Lawyer present who will be advocating and cross-examining on behalf of the welfare of the children.

Rounding out the cast of characters in the courtroom on that day is the stenographer and the law clerk who helps the judge organize materials.

As someone who has never been part of a trial before it was fascinating to sit and watch this process, albeit stressful since I had a vested interest in it.

Here I outline what happens in family court trial, at least what happened on the days that I was there. Yes, days.

This is generally the final family court hearing which is extra exciting because you know your matter will finally be over soon.

When You Arrive at the Family Court for Trial

I got to the court early, which is no surprise. I outlined in another post about preparing to go to court in general and being late is not a good look. Unlike the other hearing dates you might attend, your trial will be the only thing scheduled for the courtroom you’re assigned that day so you start first thing in the morning.

The law associates wearing black robes (at least here in Australia) will go around to make sure you are there, kind of like checking in. Hopefully you’ll have some time to quickly meet with your legal team beforehand in a meeting room on site and they’ll explain to you what is going to happen for the rest of the day.

To be honest, so much of the work was already done before this point that there wasn’t much to do except have a pleasant chat with them. I was so fortunate to have found such intelligent, kind, ethical women to work with. I recall my Barrister, as we were packing up our things to head into the courtroom saying, ‘let’s go have a bit of fun.’ I think that comment spoke to how much she loved to cross-examine, and the reassurance that I had already done everything I could and acted in a manner throughout the entire divorce where I could keep my head held high.

There is a specific reason I keep urging in every piece of advice to stay above the fray, it’s not only because it will be better for your own wellbeing and the wellbeing of any children, but also because once you get to the trial you will be untouchable.

Inside The Court Room Process

When everyone is finally inside the court (which could either be open or closed depending on whether there is sensitive information being discussed on the matter) the Barristers make their opening statements.

The judge is already up to date on the matter because of the documentation from previous court appearances filed and the affidavits that are written by yourself and your lawyer outlining the case. These are submitted beforehand days and weeks before the trial occurs so that both sides have a chance to read the claims that are in them.

Testimony and Cross Examination

The person who initially lodged the legal paperwork associated with the divorce is called the ‘applicant’ (as opposed to the ‘respondent’ who is the recipient of the paperwork filed) and they are the first to take the stand.

Once sworn in, their own lawyer will ask questions of them that portray the case they are trying to make. After this is complete the respondent’s lawyer will have a chance to cross-examine and poke holes in the story that is being told.

The rule of thumb from what I understood from my lawyer is that if the person is on the witness stand for a long time, that’s not a great sign. The Independent Children’s Lawyer also has a chance to cross-examine as well on behalf of issues concerning any children involved in the case.

When you’re not in the witness box you’re generally sitting behind your lawyers watching everything unfold before you. I remember being in what seemed like the peanut gallery and being completely riveted by what I was seeing.

I especially could not keep my eyes off the judge because I was looking for any emotive facial movements or indications of whether she believed in what is being said by the person in the stand.

Why it Pays to Tell the Truth

If you were ever concerned about misrepresentations being made by your ex-partner and wondered if the truth would see the light of day, this is the day that happens. It is a lot harder to skirt certain issues when someone is directly asking you questions and you need to piece together some semblance of a believable story. Very few people have the skill to do this on the fly.

Your best bet is always to tell the truth. The truth-teller is so much more believable because their story makes sense, and they don’t repeatedly stutter or look in every direction around the room to try to think of what to say next.

When the applicant is done providing their testimony and being cross-examined, it is then the respondent’s turn to do the same.

Other Witnesses

We didn’t have any other witnesses in our case, but if there had been, they would have submitted an affidavit with the court and appeared for the trial to be questioned under oath by both sides.

Closing Arguments

After all of the evidence has been presented it will be time for each of the Barristers to give their closing arguments. As always, the applicant’s representation goes first.

They will provide a summary to the court of how what was presented supports their client’s narrative.

From there, once the judge has everything they need, the court will be adjourned and that’s it!

Everything that you’ve been working towards is now done, you let it sit with the judge and await the decision on your matter.

The Actual Decision May Come Months Later

On some date in the future, probably months later, you suddenly get a judgement outlining the decision on your matter. This document lodged with the court, and probably provided to you in electronic or hard copy, will cover every single point that was made in the courtroom during your trial and the reasons the judge had for making the decisions they did.

I have never fully read my 75-page judgement (which I hear is an extremely long one) but my lawyer gave me the highlights.

There are parts that provide the basis for which we share parenting responsibility, children’s travel, and the directives for property settlement.

Our trial had taken place in December in the last week the courts were open before the Christmas holidays. I remember getting a call from my lawyer that the judgement had come in one morning in June while I was sitting in the parking lot after dropping my daughter off at school. She told me the overall outcome, and some highlights.

It was surreal to know that all the legal parts of this chapter were completed after having dealt with it as an ongoing concern for essentially four years.

While this does close the book on this part of your life, it lays the groundwork for a new story to unfold.

Hopefully, along the way you will have been already planting the seeds of your future while in this holding pattern.

Now, you have a chance to move ahead with plans with more certainty.