Many California divorces are resolved through settlement, but some disputes remain unresolved and must be decided by the family court. A divorce trial gives each spouse an opportunity to present evidence concerning the issues still in dispute. Depending on the case, the judge may need to decide property characterization and division, support, child custody, visitation, or other unresolved matters.

What Issues Can Be Decided at Trial?

A California divorce trial does not necessarily involve every issue that existed when the case began.

As the divorce progresses, spouses may resolve some matters through agreements, stipulations, mediation, or settlement negotiations. The trial generally focuses on the issues that remain disputed.

Those issues can include whether property is community or separate property, the value and division of assets, spousal support, child custody and visitation, or child support.

Identifying the remaining issues is an important part of trial preparation. The original Petition and Response provide a starting point, but the issues may change as information is obtained through discovery and agreements are reached.

By the time of trial, the court and parties should have a clearer understanding of what actually requires a judicial decision.

How Is Evidence Presented at Trial?

A family law trial requires evidence supporting each spouse’s position.

Evidence may include testimony from the spouses and other witnesses, financial documents, property records, expert testimony, deposition testimony, and other admissible materials relevant to the disputed issues.

Expert witnesses can be particularly important when the case involves specialized questions. An appraiser may provide an opinion concerning the value of real estate, while a forensic accountant may testify about a business, tracing, income, or another financial issue.

Depositions taken during discovery can also become relevant at trial. Under California discovery procedures, deposition testimony may be used in specified circumstances, and an adverse party may use the deposition of another party for any purpose permitted by the applicable rules.

Trial preparation therefore begins well before anyone enters the courtroom. Discovery, document review, expert analysis, and settlement discussions can all affect which evidence ultimately needs to be presented.

Can a Divorce Still Settle Before or During Trial?

Yes. A case can settle even when a trial date has already been scheduled.

California family law cases frequently involve settlement efforts before trial. A settlement conference may help the spouses narrow their disagreements or resolve the entire case.

When an agreement is reached at a settlement conference, the source materials emphasize the importance of clearly documenting its terms. In appropriate circumstances, settlement terms may be stated on the court record, and the parties may be questioned about whether they understand and agree to those terms.

Settlements can even occur after a trial has begun. The fact that the parties have prepared for trial does not prevent them from reaching an agreement if they find acceptable terms.

If no settlement is reached, the judge hears the evidence and decides the disputed issues. The court may announce a tentative decision and ultimately enter orders and judgment reflecting its rulings.

Conclusion: Trial Resolves the Issues the Spouses Cannot Settle

A California divorce trial is the process used to resolve disputed issues that remain after settlement efforts and pretrial preparation. The judge may hear testimony, review documents, consider expert opinions, and decide questions involving property, support, custody, and other matters properly before the court. Because the issues presented at trial are shaped by the pleadings, discovery, and earlier agreements, effective preparation involves identifying exactly what remains disputed and what evidence is needed to resolve it.