The Michigan Divorce Process, Part IV: In Court

The courtroom portion of your divorce isn’t a single-day experience; you can expect a few visits to the courtroom as the process moves forward.

The Pretrial Conference
A pretrial conference isn’t mandatory, but it is normal. It’s a short visit to the court where you will discuss with the judge how long you expect the trial to go on, which issues you expect the judge to decide upon, enter stipulations or agreements into the record, or ask the court to entertain pretrial motions. You may be asked to go to a settlement conference to attempt to work out your differences one last time, or be required to attend a parenting class. You will also be given a date by which you must submit your ‘game plan’ to the judge, including the names of witnesses, identify all of the evidence you intend to bring up, and so on; another date will be given by which you must object to any evidence the other side intends to bring up in court.

Preparation of Testimony and Evidence
Every witness should know what questions they will be asked, and exactly what they will say in response. They need to be told how to dress, act, and speak — particularly, they need to know what shouldn’t be said. If the witnesses aren’t properly prepared, they might say something that will negatively impact the judge’s perception of you or your circumstances, which could change the way the judge decides to divide property or allocate custody or parenting time.

Similarly, all documents must be labeled, organized, and copies given to both sides as well as the court.

Attorney Meetings
It’s likely that both sides’ attorneys will attempt to reach a settlement even as they prepare for the trial. Even if they only agree on some issues, it can save the court’s time and money if they meet and prepare papers that will take those issues off of the judge’s plate.

The Trial Itself
You will have to get to the courthouse with enough time to wait in line at the security desk before you get inside — that can take quite a while. Be sure you know the security protocol; it’s a pain to have to go back to your car (seven minutes away) to put your cellphone, nail clippers, and military-grade weaponized flashlight in your trunk and then wait in line all over again.

You’ll sit in the back of the courtroom until your case is called, then you’ll move up to the front. Witnesses will be sworn in, then sent away, called in later one at a time to testify. The judge will process any preliminary matters — often a last-second settlement on some part of the agreement will shorten the total trial time. Each side will make an opening statement.

Then, the plaintiff (the spouse that filed for divorce) will call their first witness, who will testify. The witness will be cross-examined, and perhaps be re-direct-examined. All of the plaintiff’s witnesses will go through this procedure, then all of the defendant’s witnesses will as well. In and among the witnesses, supporting evidence (usually documents) will be introduced and either admitted into evidence or excluded.

After the last word of testimony and last submitted document, each side will provide a closing argument, which can be oral or written at the judge’s request. The trial will start at 9AM or later and if not complete by 4-5PM (depending on county), will continue the next day (with a one-hour break for lunch.)

The Ruling and Orders
The judge might give an oral ruling immediately after the closing arguments, or he may wait and rule later, usually via a written ‘letter of opinion.’ Once the ruling is given, the attorneys must write those rulings in the form of court orders, including each matter the judge ruled on. If any of the judge’s rulings are untenable, and there are grounds to appeal the ruling, either spouse may appeal, at which point their attorney must write the specific objection into the court order, and the judge will sign the order as-is, putting on the record your intent to appeal later.

Making It Real
Once the judge’s order is signed by all involved, you must then actually carry out the court orders by giving property to your spouse, selling property, setting up visitation routines, and so on, and so on. Finally, when all is said and done, no matter how you fared in the whole process, you have to pay your attorney for their time and expertise and get on with the work of being a divorced person and possibly a single parent.