Caution: It is strongly recommended that you hire or find an attorney to represent you at trial, though you may represent yourself. You proceed at your own risk and will be expected to know the laws.
Once the trial date has been set, you will need to do the following:
- Pretrial Disclosures. - Both parties must provide to other party AND PROMPTLY FILE WITH THE COURT the Pretrial Disclosures regarding the evidence that it may present at trial. If you have questions, you should contact an attorney. When are the Pretrial Disclosures due? Unless otherwise directed by the Court, these disclosures must be made at least 30 days before trial. Take the original and two (2) copies to the Clerk for filing. Keep one copy for your records and send the other copy to the Plaintiff (or his/her attorney).
- Settlement before trial. In the event that your case settles before the trial, you must present the Court with the completed and signed Decree of Divorce in writing before the Court will take the trial off of the schedule. There will be no continuances or canceling of the trial date based on telephone calls. If you need a continuance, you should contact an attorney for assistance in seeking one.
- Court reporter. If you wish to have a Court reporter you are required to provide notice to the official Court reporter as soon as possible, but no later than three (3) working days before the matter is set for hearing. You can provide notice to the court reporter by phone or by submitting a written request. Please note that if providing notice through the mail, the request must be received by the court reporter no later than three working days prior to the hearing. The Clerk will be able to inform you which court reporter to contact. The three-day notice requirement will not be waived by the Court. The notice is required for all civil matters including jury trials.
- Evidence and witnesses. At the hearing, you will need to present your evidence and witnesses. If the Order Setting Divorce Trial and Requesting Pretrial Statements is entered (signed by the Judge), you must follow the terms and provide the Court with the information requested in that document, including copies of exhibits you want to introduce at the trial and a list of your proposed witnesses and what their testimony is going to be about within the time frame ordered (usually 3 to 5 days prior to the trial). Under the law, the Judge cannot help you or assist you at trial. You are on your own without an attorney.
- Final Decision (Decree of Divorce). Following the trial, the Judge will make a decision or may take the matter under advisement, meaning he or she will need to think further before making a determination. If the Judge instructs you, you must take that decision and type it into the Decree of Divorce incorporating the Judge’s decision. Family Law Information and Instructions July 2014 Page 6 of 6 You are again reminded that, if you choose to continue without an attorney, you are expected to know what to do and how to do it. The Judge will not guide you through the trial/hearing, tell you how to proceed or advise you on the law.
When will your divorce become final? Your divorce will not be final until the Judge signs the Decree of Divorce and it is filed with the Clerk of Court. This process may take time if the Judge requires changes to the proposed Decree. You must verify with the Clerk’s office that the Decree of Divorce has been file-stamped before you can be sure your divorce is final. The time limit to appeal a decree begins to run from the day the Decree of Divorce is filed with the Clerk’s office