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Legal Procedure

Trial

A formal court proceeding where a judge hears evidence and arguments from both sides and makes final decisions on all unresolved divorce issues.

Understanding Trial

A divorce trial occurs when spouses cannot reach agreement on one or more issues through negotiation, mediation, or settlement conferences. Both sides present evidence, examine witnesses, and make legal arguments. The judge then issues a ruling on property division, custody, support, and other contested matters. Trials are expensive, time-consuming (days to weeks), and unpredictable. Most divorce cases (90-95%) settle before trial.

Real-World Examples

After mediation failed, their custody dispute went to a three-day trial before the family court judge.

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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.

Always consult a licensed attorney in your area for advice specific to your situation.