A family law trial in Wagoner County requires that the parties understand the process and prepare themselves for all the potential outcomes. When family law disputes cannot be resolved through negotiation or mediation, they may end up going to trial. For many people, the idea of appearing in court for a family law case can be stressful and confusing. Whether you’re dealing with divorce, child custody, support, or property division, it helps to understand what to expect during a family law trial in Oklahoma.
Pre-Trial Motions And Preparation
Before your case reaches trial, there will be several steps, including:
- Pleadings: Each side files documents stating their claims and defenses (e.g., petitions, responses, motions). Petitions are generally very broad and might ask for more than you really want. This is because having to go back later and amend the original petition is not always allowed and may add additional costs for people involved in the family law dispute.
- Discovery: Both parties exchange information through depositions, interrogatories, and document requests. This helps each side gather evidence. The questions asked by the attorney will depend on what the issues are in the case. If the dispute is related to child custody, discovery questions will focus on custody issues.
- Mediation Conferences: Many family law courts in Oklahoma require the parents to attend mediation before the case can go to trial. Although sometimes Mediation may appear to be worthless, many folks are surprised to find out that the case may actually get settled, saving them time and money.
If no agreement is reached, the court will set a trial date.
Family Law Trial Process
Family law trials in Oklahoma are bench trials, meaning a judge, not a jury, decides the case. This means that in Oklahoma cases involving child custody and all other family law issues, it’s important to show the Judge that your position is reasonable and that the other party is the one being combative or making unreasonable demands.
Attorney Opening Statements Set The Tone
Each side presents an overview of its case to the judge. This is a chance to explain what the evidence will show and what the party is asking the court to decide. The opening statement is a reflection of who you are and what you want. It’s a place setting for the Judge to understand the issues that need resolved in the case.
Presentation of Evidence
This is the core of the trial. Each side presents:
- Witness testimony (e.g., the parties, family members, experts). Both parties in the case have their witnesses. Once your attorney calls their witness a directly questions that witness, the opposing attorney gets their chance to cross-examine the witness. Witness credibility is critical to winning your case, so the attorneys spend lots of time preparing both the witness and you before the trial.
- Documents (e.g., financial records, text messages, school records),
- Exhibits relevant to custody, finances, or property.
The opposing side can cross-examine each witness. The judge may also ask questions.
Closing Arguments
After all evidence is presented, each side summarizes their case and argues why the judge should rule in their favor. The closing argument is the attorney’s chance to retrace all the evidence and tie it together for the Judge. A closing argument is a tool used to refresh the judge’s memory on those issues that are in your favor while downplaying those that are less favorable.
The Judge’s Decision
The judge can rule immediately after the trial, but more often, the judge takes time to review the evidence and issues a written decision later. This decision is called a journal entry or order, and it becomes legally binding.
The judge will decide on issues such as:
- Child custody and visitation,
- Child support,
- Spousal support (alimony),
- Division of property and debts.
Post-Trial Options
If you disagree with the judge’s ruling, you may be able to:
- File a motion for reconsideration or motion to modify, if circumstances change.
- File an appeal to a higher court, though appeals are limited to certain legal grounds.
Key Things to Know About Family Law Trials in Oklahoma
- Trials are public, but most family law judges aim to maintain a respectful and private environment.
- You must follow rules of evidence and court procedure, which can be complex.
- Judges have broad discretion, especially in custody matters, where the focus is on the best interests of the child.
Wagoner County Trial Attorneys Near You
A Family Law Trial in Wagoner County can feel overwhelming, but understanding the process helps reduce uncertainty. If your case is headed for trial, preparation is key. Our Trial attorneys guide clients through every step of the family law process in Oklahoma—from drafting the original petition and negotiating a final order and a trial if necessary, we fight to achieve the best possible outcome for you. For a Free consultation with Kania Law Office – Wagoner Attorneys, call us at 918-283-7394. Or if you would like to ask a lawyer an online legal question, follow this link.
