If for one reason or another you weren't able to settle your divorce out of court and the big day is fast approaching, you probably want to know as much as you can about what's in store.

For people who have never been to court before the whole process may seem intimidating and daunting. Gaining an understanding of common courtroom procedures can help to calm your nerves – at least a little.

Courtroom Appearance
Courtrooms vary from state to state and even county to county in their physical appearance. Some courts still convene in hundred year old buildings with formal wood paneling, leather chairs, and a raised judge's bench, witness stand, and jury box (usually running along one of the walls perpendicular to the judge.)

Other more modern and recently built courtrooms have all the modern comforts; computer tables, seating, judge's table, and still others hold court in the basement of town courthouses with folding tables and chairs. There is generally seating in the back of the room for the public. There's a table for both sides in the case; the petitioner or plaintiff and the respondent or defendant and their respective lawyers. A court reporter usually sits between the judge’s bench and the lawyer tables. The décor may vary but the process is almost always the same.

People Present in the Courtroom
You'll either have a judge and a jury present or just a judge (usually only a judge is present.) Along with the judge the courtroom staff normally includes a bailiff, a court reporter, and a court clerk. The bailiff is an armed officer who generally stands in close proximity to the judge's bench.

In addition to the courtroom staff, your husband and his attorney, experts, and witnesses may be present as well as you, your lawyer, your experts, and witnesses. Experts and witnesses usually wait in the public seating area in the back of the courtroom until they are called upon to testify.

Since divorce and separation cases are usually public record, any members of the public may be seated in the courtroom as well. This may include other couples waiting for a divorce or separation case to be heard.

If you have the opportunity before your court date, visit the courtroom where your divorce trial will take place. You'll get a 'feel' for the room, the staff, and you'll know what to expect to see. You can sit through an entire case or part of a divorce proceeding; if you're especially nervous about your case and what to expect this is a good way to calm your nerves (hopefully).

The Procedure: The Divorce Trial Begins

1. Role Call

   Once all members of the petitioning and responding parties have arrived (or the scheduled time has come) the clerk with call the court to order, instruct everyone to rise, and the judge will enter the courtroom.  The judge will then begin, usually by confirming that parties and their lawyers are present and ready to proceed.

2. Motions/Requests

   At the onset of the trial, before either party begins to call their case, the petitioning party or responding party makes preliminary motions or requests. If experts have been unable to attend or are running late this may be mentioned; if there are motions to suppress any evidence this would occur now, etc.

3. Petitioner/Plaintiff's Case

   The first side to present their case is the petitioner/plaintiff; this is the party who filed for the divorce. The lawyer presents their client’s side of the case and reasons for the divorce request and the specifics being requested. Experts, witnesses, and any other substantiating evidence is presented at this time.

   During this presentation the respondent's lawyer may cross examine any witnesses called, including the petitioner/plaintiff and any experts who testified. The lawyer may also make motions or object to testimony, evidence, or arguments.

4. Respondent/Defendant's Case

   Once the petitioning side concludes their presentation of the case, the respondent/defendant then presents his or her case. This follows the same process as the petitioner's presentation, with witnesses and arguments being presented to the judge (and jury if present.)

   When the respondent/defendant is presenting their case the petitioner/defendant's lawyer may cross examine witnesses, experts, and make motions and objections.

5. Closing Statements

   After both sides have presented their cases, closing statements are made by each of the lawyers. Closing statements are basically a summary of the case that was presented by the lawyers with requests that the judge rule in one parties’ favor.

6. The Decision

   The judge (and jury if applicable) then makes a decision. The decision may be immediate or the judge may take a short recess in order to review the facts and come to a decision in the case. The judge may also reserve judgment, which means he will provide the decision to both parties at a later date. This of course is the most frustrating type of judgment as the parties must wait until the judge makes his or her ruling at some point in the future.

   Once the judge has reached a decision (which may take minutes, weeks, or even months depending on numerous factors), a ruling is made, either in person in the courtroom or via written orders that are mailed to the parties’ lawyers, then a Judgment is entered and the divorce finalized, unless either party challenges the Judgment, in which case, additional proceedings may ensue.

   Although this may be the first time you experience the on goings of a courtroom, the people there do this everyday and are usually relaxed and go about business without making judgments. This is their day to day experience. Keep their calm states in mind to help you stay focused on the case and not give in to nerves.

   When in court, keep your Courtroom Composure, don't talk in an abrasive or argumentative way to your ex; use your best manners; address the judge as 'your honor'; don't interrupt and only answer questions you're asked. Refrain from emotional displays and even making faces that show your feelings. Stay calm, collected, and focused.

This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.

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