What to Expect in an Orange County Divorce Trial (2025)

Going through a divorce is never easy, no matter what the circumstances are or how necessary the marriage dissolution might be. For many people involved in a divorce trial, this will be their first time in the Orange County Superior Court, so it is understandable to feel intimidated and overwhelmed. At Minyard Morris, our knowledgeable and skilled divorce lawyers can explain what to expect in an Orange County divorce trial.

Not every divorce case will need to go to trial. However, there is always a chance that such legal proceedings will be necessary. These circumstances often arise when the divorcing couple cannot reach agreements on certain areas of their divorce, such as property division or child custody. Divorces can be challenging, especially when there are large amounts of assets or minor children shared between the couple, and it is important to understand what lies ahead.

What to Expect During Your Divorce Trial in Orange County

Orange County and California see many divorce cases. Currently, the state has a divorce rate of 7.45 out of every 1,000 residents. Not all these divorce cases will need to involve a courtroom trial. When they do, though, you will want an attorney who can present your case to the judge while advocating for your legal rights and interests.

In most cases, the lawyer who represents the spouse who originally filed for divorce, known as the petitioner, will present their case first. Following this, the attorney for the other spouse, known as the respondent, will present their side of the story. Once the judge has heard both sides, they will consider all the elements involved in the case. Then, they will make a final decision that will impact both parties involved in the case.

Many different steps can happen throughout a divorce trial. Therefore, it is important that you understand each of these and how to correctly prepare for them.

Opening Statements

The trial will begin with both attorneys presenting their client’s opening statements. At Minyard Morris, our family lawyers can outline your case to the judge and highlight all the issues you would like them to address. Your attorney can present certain forms of evidence during this phase of the trial, including:

• Documents, such as bank statements
• Photographs
• Witness testimony

Witness and Expert Testimony

In an Orange County divorce, two main kinds of witnesses can be called to testify in court: fact witnesses and expert witnesses. A fact witness can testify regarding what they believe they have personally observed, such as a neighbor who saw an act of domestic violence. Conversely, an expert witness is an individual who has certain skills that they can bring to the case to explain some of the evidence presented.

The testimony of an expert witness can greatly influence the decision made by the court. Your attorney can determine who these parties may be in relation to your case. Once the petitioner’s attorney finishes questioning their witnesses, the respondent’s attorney can then cross-examine those witnesses. The respondent’s counsel may also present witnesses, and the petitioner’s attorney can cross-examine them.

Legal Arguments

Throughout the trial, both the petitioner’s attorney and that of the respondent retain the right to present legal arguments for their respective sides of the case. They can challenge evidence, advocate for their client’s rights and interests, and present information to support their side of the story.

Closing Arguments

Once all evidence has been presented and all witnesses are questioned, both attorneys can present their closing arguments to the judge. This is the final chance for your attorney to sway the judge to your side of the case and get them to rule in your favor. During this step, your attorney from Minyard Morris can summarize all aspects of your case, highlight your interests, and discuss the weaknesses in your spouse’s case.

Final Decision by the Judge

Following each of the closing arguments, the judge will make their decision regarding the various areas of contention in your divorce. With 20.6% of the population being under the age of 18 in Orange County, child custody is one of the main topics that the judge rules on. They will communicate their ruling in writing, and you will have the opportunity to review the decisions and speak with your attorney regarding any kind of appeals.

FAQs

Q: What Are the Requirements for a Divorce in California?

A: In California, you may seek a divorce on the grounds of irreconcilable differences. However, you or your spouse must be a resident of California for at least six months prior to filing for divorce. One of you must also be a resident of Orange County for at least three months before filing.

Q: Can I Prevent My Divorce From Going to Trial?

A: Yes, you can prevent your divorce from going to trial. In most cases, a trial will be the last resort for many divorce cases. To avoid having to go through a divorce trial, you will need to reach agreements with your spouse regarding the various topics of contention in your divorce, such as child support or custody.

Q: How Long Will a Divorce Trial Last in Orange County?

A: How long a divorce trial will last in Orange County will vary. Nevertheless, certain variables involved in many of these cases will often determine how long a case may take. These can include the degree of cooperation between the divorcing spouses, the strength of the evidence in the case, and the availability of the courts.

Q: What Will the Judge Consider in a Child Custody Battle?

A: When you are facing a child custody battle in your divorce trial, the judge will look at several factors to determine what kind of custody arrangement will be in the interest of the children. These can include:

• The child’s age and health
• The parents’ abilities to care for their child
• Whether either of the parents has a history of substance abuse or domestic violence
• The preference of the child

Speak With a Trusted Orange County Divorce Lawyer Today

If you are facing a divorce trial in Orange County, you may feel unsure about what to do. At Minyard Morris, our team has nearly 50 years of experience in fighting for the rights of clients just like you. When you hire us, you aren’t getting a single lawyer to advocate for you but an entire team of 20 lawyers. We can work hard to secure the most favorable outcome possible. Contact our offices today for more information.