Going To Trial When Necessary
A trial is scheduled if some or all of your issues cannot be resolved in negotiations. It is the last resort and the final step in the dissolution process. My policy is to prepare your case as if it were going to be tried before a judge but to negotiate it with the understanding you want to avoid that result. Settlement requires flexibility and negotiations, while a trial requires zealous advocacy.
Many cases will resolve in the process between the filing of your petition and the scheduling of your trial. I am attorney Diane Kaer, and as the founder of Kaer Law, P.C., I have extensive experience in both negotiation and trials.
Preparing For Trial While Working Toward Resolution
In most situations, parties want to resolve the case short of trial. In fact, most people want to keep their case “out of court.” Working closely with you, I work to find and negotiate a successful resolution outside of the courtroom whenever that is a reasonable and viable option. My approach is to build a strong case in anticipation of a trial while negotiating in a good faith attempt to avoid it. Three things to bear in mind:
- Preparation for trial involves a process called “discovery,” during which each party is obligated to disclose and exchange all information needed to resolve all issues.
- It is important to be thorough and complete and to review and exchange all information each party will need to make their own independent evaluation of the assets and liabilities and budget needs.
- A skilled and experienced attorney can guide you through that process in an economical and organized manner that will help you not only in negotiations but also in the event the matter ultimately proceeds to trial.
When Expert Testimony Is Needed
In some cases, expert testimony is required. There are special rules regarding the discovery process and expert testimony that will require you to retain and disclose your experts and their opinions well in advance of the trial. Failure to meet these important deadlines can result in the court’s refusal to allow expert testimony.
My experience allows me to be able to advise and support other attorneys in complex cases.
Work With A Team That Is Prepared
A trial requires advance planning and preparation, and it is important to retain counsel early enough in the process to allow time for sufficient preparation. If you are unsure whether your issues can be negotiated, you should retain the services of an experienced trial attorney to handle your divorce. As the firm founder with more than 35 years of experience, I have handled hundreds of trials in many different courts and offer years of zealous trial experience. I am ready to meet whatever is required of your case.