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What Happens When Your MA Divorce Goes to Trial?


Every year, thousands of couples file for divorce in Massachusetts. While a vast majority of these divorces are settled out of court, some cases do go to trial — since these involve couples who are unable to find a resolution through negotiation or mediation.

If you have decided to end your marriage and you are concerned that your case might go to trial, the experienced divorce attorneys at Davis Law Group can help you. With an in-depth understanding of Massachusetts family law and decades of trial experience, our attorneys are capable of handling all kinds of family law related cases — no matter how complicated they are.

Divorce Trial in Massachusetts

The process of getting a divorce in Massachusetts generally involves several steps — from filing a complaint to exchanging information during the discovery process. At any point during the divorce process, the couple can choose to resolve their issues through mediation and prevent their case from going to trial. In fact, there have been many cases where out-of-court settlements were reached on the day of the trial.

Once the case goes to trial, it is only the judge or the jury that can decide the outcome of the case. However, being represented by an experienced and resourceful trial attorney can significantly increase your chances of achieving the outcome you want. This is one of the reasons why you should be very careful about choosing the divorce attorney who will represent you in court.

At Davis Law Group, our divorce trial attorney Jay Davis is highly skilled, has decades of experience in handling divorce cases, and is fully committed to helping divorce seekers in Massachusetts end their marriage in the most amicable and dignified manner possible. Irrespective of how difficult or challenging your case is, we will use our expertise and resources to achieve the best possible outcome.

Pretrial Procedures in a Massachusetts Divorce Case

Divorce cases in Massachusetts typically involve several preliminary procedures, which are to be completed before the case goes to trial. These include:

  • Preparing the financial affidavits
  • Exchanging information relevant to the case (commonly referred to as discovery)
  • Completing trial depositions, where the parties will be questioned by each other’s attorneys
  • Attending the pretrial conference, during which both parties can present their case and state their positions before a judge and try to reach an agreement
  • Filing pretrial memorandums, which contain a summary of the arguments that both sides plan to make at the trial, the evidence they plan to present, and the witnesses who will be testifying at the trial
  • Attending the pretrial hearing, during which the judge will decide when the trial will take place

What Happens in a Divorce Trial?

Opening Statements

The divorce process usually starts with the opening statements from both attorneys — yours and your spouse’s. During their opening statement, your attorney will give a brief outline of your case to the judge or jury, tell them what you want (the outcome you want to achieve), why you want it, and why you deserve it. Your attorney will also state all the relevant facts to establish your credibility.

During their opening statement, your spouse’s attorney will also do the same.

It should be noted that an opening statement is just that — a statement. Your attorney will not be allowed to criticize the other side or question their credibility during their statement. The same rule applies to your spouse’s attorney as well.

Witness Examination

This step involves the examination and cross examination of witnesses. Apart from expert witnesses and third-party witnesses, you and your spouse can also be witnesses to your own case.

Evidence Submission

At various points during the trial process, your side and your spouse’s side will be allowed to present evidence to support your case and your claims against each other.

Closing Arguments

This is the final part of the trial process, during which both sides will be allowed to make their closing arguments. Your attorney will restate all the salient points relevant to your case, emphasize on key issues, and tell the judge why you deserve to get what you are asking for. Your spouse’s attorney will do the same during their closing statement.

Planning to File for Divorce? Our Massachusetts Divorce Attorneys Can Help You!

Getting a divorce is a major life decision which can have lifelong ramifications. So, it’s critical to be represented by an attorney who has the expertise and resources to get the results you want. At Davis Law Group, we have a track record of achieving positive outcomes even in the most complicated of cases. We are led by Jay Davis — who is not only one of the most successful family law attorneys in Massachusetts, but also someone who has served the community and has earned the trust of everyone he has worked with so far.

Call us today at (617) 752-6216 or contact us online and schedule a free and confidential consultation with one of our experienced Massachusetts divorce attorneys.

The post What Happens When Your MA Divorce Goes to Trial? first appeared on Davis Law Group.
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