What to Expect During a Divorce Trial
Facing a divorce trial can feel overwhelming, especially when the future of your children, home, and finances hangs in the balance. Couples often picture crowded courtrooms and tense exchanges, yet the real process is more structured and predictable than many imagine.
At Jackman Law Firm, we have handled family law matters across Seattle since 2014, and we have seen how preparation lowers stress for our clients. This article walks you through each stage of a Seattle divorce trial so you know what lies ahead and how to protect your interests.
Divorce Trial in Washington State
A divorce trial is a formal proceeding where a Superior Court judge decides unsettled issues such as parenting plans, property division, and spousal maintenance. Trials occur only after other routes (like negotiation or mediation) do not bring full agreement. Washington follows no-fault principles under RCW 26.09.030, so either spouse may request a divorce by stating the marriage is “irretrievably broken” without citing wrongdoing.
Key Steps Before the Divorce Trial
Several important steps take place before anyone walks into a courtroom. Understanding them helps you stay on track and avoid last-minute surprises.
Filing the Petition and Initial Steps
The process starts when one spouse files a Petition for Dissolution of Marriage. Washington Civil Rule 4 then requires formal service of the petition and summons on the other spouse. The recipient may file a Response, either agreeing, disputing, or adding requests.
Temporary Orders Hearing
Many families cannot wait months for guidance on parenting or budgets. Under RCW 26.09.050, either party may ask for temporary orders covering custody schedules, support, use of the home, and payment of bills until the final decree is entered.
Discovery and Information Gathering
Discovery tools in Civil Rules 26–37 help each side gather facts. Interrogatories, requests for production, and depositions can obtain bank statements, retirement records, text messages, or sworn testimony. Honest and complete answers keep the case from derailing later.
Settlement Conference and Mediation
Most counties require at least one settlement meeting before granting a trial date. A neutral mediator or settlement master guides the discussion and suggests a compromise. If an agreement is reached, the paperwork is presented to the judge without further hearings.
The following documents often move a case forward long before trial:
- Sworn financial declarations detailing income, expenses, and debts.
- Proposed parenting plans outlining residential time and decision-making.
- Asset and debt spreadsheets listing real estate, vehicles, investments, and loans.
When these filings are complete, the court issues a schedule that lists deadlines for witness lists, exhibit exchange, and trial confirmation.
What Happens During the Divorce Trial?
If settlement efforts fail, the case is placed on the trial calendar. Washington divorce trials are bench trials, meaning a judge, not a jury, decides the outcome. The steps below occur in nearly every courtroom.
Opening Statements
Each divorce attorney, or a self-represented party, gives a concise outline of the issues and evidence. Opening remarks are not sworn testimony; they are a preview of what the judge will hear.
Presentation of Evidence and Witness Testimony
Evidence can include tax returns, business records, photographs, or parenting evaluations. Witnesses confirm or explain documents and give first-hand observations about finances or parenting abilities. All testimony is subject to cross-examination under the Washington Rules of Evidence.
Petitioner and Respondent Presentations
The spouse who filed goes first, calling witnesses and submitting exhibits. Once the petitioner rests, the respondent presents their side in the same format. Each witness may be recalled if new points need clarification.
Witness Testimony
Common witnesses include teachers, coaches, family friends, or accountants who can address parenting skills or the valuation of assets. After direct examination, the opposing party may question the witness to test credibility or add context.
Rebuttals
When the respondent finishes, the petitioner may offer limited rebuttal evidence to address issues that arose late in the trial. A rebuttal is not an opportunity to repeat earlier points.
Closing Arguments
Both sides summarize the evidence, point out legal standards, and tell the judge what orders they want. Closing arguments usually refer to specific exhibit numbers and witness statements for clarity.
Final Judgment
After reviewing the record, the judge announces decisions on property, support, custody, and other matters. Written findings and a Decree of Dissolution follow. Once signed and filed, the marriage is officially ended.
Typical Trial Timeline
Stage | Approximate Timing | Main Purpose |
Trial Confirmation | 2–3 weeks before | Parties confirm they are ready and exchange exhibit notebooks. |
Day 1 | Morning | Opening statements and start of petitioner’s case. |
Day 1–2 | Mid-trial | Evidence presentation by both sides, cross-examination of witnesses. |
Last Day | Afternoon | Closing arguments, followed by the judge’s oral ruling or reserved decision. |
Within weeks | Post-trial | The judge signs final orders, and the clerk files the decree. |
Key Considerations During a Divorce Trial
Success in court often turns on preparation and courtroom conduct rather than dramatic speeches. Keep the following topics in mind while planning for your day before the judge.
Evidence Admissibility
The judge can consider only admissible evidence. Documents must be relevant, authentic, and free from hearsay unless an exception applies. For instance, bank statements offered under Evidence Rule 904 become admissible automatically if served on the other side 30 days before trial and not objected to within 14 days.
Witness Preparation
A well-prepared witness speaks plainly, answers the questions, and avoids speculation. Spend time reviewing likely questions so the witness feels comfortable explaining dates, figures, or events without guessing.
- Remind witnesses to tell the truth, even if the answer seems harmful.
- Practice showing exhibits so the witness can identify them quickly.
- Dress neatly and arrive early to avoid rushing into the courtroom.
Legal Representation
An experienced family law attorney understands local rules, drafts clear trial briefs, and spots objectionable testimony in real time. While self-representation is allowed, having counsel can level the playing field when the other side is represented.
Seeking Assistance with Your Divorce Trial?
Since 2014, Jackman Law Firm has stood beside Seattle families during some of their most trying moments. Our team values shared parenting, fair distribution of assets, and open communication with every client. If you are heading toward a divorce trial or want to explore settlement options first, call us at 206-558-5555 or reach us through our Contact Us page. We are ready to explain your rights, craft a trial strategy, and fight for a future that works for you and your children.
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Article by
Chris Jackman