If you are facing a Tulsa, Oklahoma divorce trial, that means that you and your spouse were not able to settle all of the issues in your divorce. When the divorcing couple is not able to settle one or more issues such as property division, then the court must do so before a final Oklahoma divorce decree is issued.
Divorce Court Trial Procedure
In Oklahoma, all divorce trials occur before a judge only. No jury is involved.
Before a divorce trial, the court holds a trial conference to determine what issues must be resolved at trial, will choose the trial’s format, and will determine what evidence will be admissible and inadmissible at trial. This is usually done at a trial conference before the actual trial occurs.
Judges run their courtrooms differently. Some judges combine a trial conference with a settlement conference to see if the parties have made any headway in resolving outstanding issues. Some judges prefer to deal with settlement negotiations and conferences separately from the trial conference.
It is not unusual for a judge to hold the trial conference several weeks before the trial date, and then make an attempt or several attempts to resolve outstanding issues as the trial date approaches. Some judges will try to resolve these issues even the morning of trial. That is because couples feel more empowered when they are able to resolve issues and a resolution frees up the court’s docket and costs the parties less in attorneys’ fees.
What Happens At The Beginning Of The Trial
At trial, each side makes an opening statement. Then each side may call witnesses and the other side may cross-examine the witnesses. Sometimes, the judge asks questions directly of the witnesses. Evidence is admitted via witness testimony.
While this all seems simple and straight forward, a trial is complicated. There are precise rules of the court regarding procedure and evidence. If the trial involves one issue, it may last one day. But most trials involve multiple issues and take several days.
Trials take several days and are expensive. Your attorney will need to prepare trial briefs, evidence, subpoena witnesses, and interview witnesses.
Your attorney will also need to review all the pleadings and discovery, all the financial disclosures made by the parties if the outstanding issues involve finances, and any deposition testimony taken. All this trial prep may begin as early as a month before the actual trial.
Attorneys’ Fees And The Oklahoma Divorce Trial
You can expect that your attorneys’ fees will increase. Picking your battles may be important. If the issues are substantial, it makes sense to go to trial.
For example, one of the major issues that couples fail to agree about is the division of retirement and pension assets. It can be tempting to let a claim for those assets slide, but if you have been married for a long time and your spouse has a pension, you may have a right to part of that pension.
At the end of the trial, the judge will rule on the outstanding issues. Usually, a judge will take the matter into advisement and will review all evidence submitted by the parties at trial before making a ruling. The ruling then becomes part of the final decree of divorce.
Because so much is at stake in a trial, always get help from a qualified Tulsa divorce lawyer. The outcome of a trial will affect your life for years to come.
Free Consultation With A Tulsa Divorce Attorney
When marriage plans unravel, get the best legal counsel available. Don’t go it alone. Get an experienced, reliable Tulsa divorce attorney on your side.
A no-cost initial consultation can help determine whether the Divorce of Tulsa Law Office can provide the best Tulsa divorce lawyer for your family law matter. For a free confidential consultation, call 918-924-5526 now.
