Divorce Process – Trial

If the spouses are unable to settle the case, it will go to trial. Some states have a trial by jury. Other states have a trial by Judge. At trial each party tells their story to the judge. It is told through testimony, the testimony of other witnesses, and documents called exhibits. At trial, the moving party (usually called the petitioner or plaintiff) presents their case first. They call their witnesses who are subject to cross-examination by the opposing party. When the plaintiff or petitioner rests their case, the Respondent or Defendant presents their own case with witnesses and evidence, each subject to cross examination by the opposing party.