What to know about a divorce trial

When you may need a trial

You may need a trial if you can’t agree on important or complicated issues.

For example:

• Your date of separation

• Who will live in the family home

• Child custody or visitation

• Child support or spousal support

• Whether your spouse is hiding income or property

Trials are usually needed when the issues are complex or when there are several disagreements.

Other ways to ask a judge to decide an issue

You may not need a full divorce trial.

In many cases, you can ask a judge to decide one or more issues at a hearing by filing a Request for Order (form FL-300). 

People often use this when:

• You need orders while your divorce is still happening

• You agree on some issues but need the judge to decide the rest

• You want the judge to turn your agreement into a court order 

A Request for Order hearing is usually

• Shorter than a trial

• Less formal than a trial

• Focused on the issues you list in your request 

After the judge makes orders, you can use them to help move your divorce forward. Sometimes, these orders also help you finish your divorce if everything else is already resolved. 

See the Request for Order process

Steps you must take before trial

If you need a trial, you must complete several required steps first.

These usually include:

• Set a trial date

• Exchange your final financial disclosures

• Attend a settlement conference

• Follow your court’s local rules

⚠️ You can’t go to trial until you complete required financial disclosures.

How you prepare for trial

Preparing for trial takes time and careful planning.

You may need to:

• Research the law that applies to your issues

• Gather documents and other evidence

• Request information from your spouse (this is called discovery)

• Ask witnesses to come to court (issue a subpoena)

• Plan what you’ll say in court (your testimony)

• Prepare a trial brief (in some courts)

⚠️ Even if you don’t have a lawyer, you must follow court rules and procedures.

Get help

Preparing for trial can feel overwhelming. You don’t have to do it alone.

Get help from a lawyer

Even if you can’t afford a lawyer for your whole case, you can hire one just to help you prepare for trial.

A lawyer can:

• Explain what’s likely to happen

• Help you decide whether to settle

• Help you choose the right evidence

• Write or review your trial brief

Learn about getting help from a lawyer for part of your case

Use your local law library

A law library may have:

• Books written for people without lawyers

• Sample documents

• Help with legal research

A law librarian can help you find information, but they can’t give legal advice.

Find a law library near you

Check your court’s self-help center

Your court’s self-help center or family law facilitator may:

• Offer workshops

• Provide 1-on-1 help

• Answer basic questions

Even if they don’t help with full trial preparation, they can guide you to useful resources.