Types of Family Law Actions That Go to Trial

Any type of family law action has the potential to go to trial. Any matter pending before the court can be brought before the court when the parties cannot agree on a full resolution. Some common family law actions that are subject to a disputed trial are:

• Property division in divorce
• Parenting time
• Custody
• Post-judgment custody or parenting time modifications
• Child support
• Spousal maintenance
• Order enforcement

Who Will Hear Our Trial?

The family division of the circuit court has Friend of the Court Referees and Judges. A Referee can conduct hearings and make recommendations as to the disputed issues in a domestic relations matter. A Judge can refer any number of issues to the Referee to conduct a hearing and make recommendations.

Alternatively, both parties can agree to have a Referee hear the disputed issues as opposed to a Judge. If neither party objects to those recommendations, the Judge will ultimately enter those recommendations as orders. Referees cannot modify any orders regarding spousal support after the initial order.

Preparing for Trial

Organization is key for a trial. Preparing evidence, including witnesses and documents, is crucial. There are various techniques to gather evidence that may assist you in convincing the Referee or Judge to adopt your position at trial. These include:

• Mandatory financial disclosures
• Informal discovery
• Formal discovery
• Depositions
• Witness interviews and preparation

One or both parties may find that engaging an expert to explore and testify regarding disputed issues is an effective way to present their case, at least in part.

Additionally, each party is required to comply with any trial deadlines set forth by the court. Among other things, each party must disclose the exhibits and witnesses they intend to present at trial to the other party before the hearing occurs. Some courts may require the submission of a trial brief before the start of trial to identify the issues the court can expect to hear.

Parties and their attorneys will participate in a Settlement Conference prior to trial to limit the issues for hearing. Any agreements reached before trial can be put into a written stipulation or stated on the record so they can later be incorporated into the final orders. The fewer issues presented before a Referee or Judge, the more prepared you can be on those specific matters.

Do I Need to Appear in Person for Trial?

The COVID-19 pandemic changed expectations of physical appearance for hearings in the family division of the circuit court. Some courts maintained virtual hearings following the pandemic, while others returned to in-person appearances. It is important to check with your specific courthouse and Judge to confirm which hearings will be in-person and which may be conducted virtually.

Contact McKinney Vos for Family Law Matters in MI

Contact McKinney Vos today for a free consultation. Our Michigan family law attorney can help you determine the next steps in preparing for your upcoming trial. Having an experienced attorney in a contested hearing is crucial as they can help you understand the strengths and weaknesses of your case so you can adequately prepare and present your case for hearing.