When getting a divorce in California, there are specific instances when you will be required to appear in court. Two of these are for a final status conference (calendar call) and the trial.
Working with an experienced divorce lawyer is essential so they can guide you through the legal process, explaining each step along the way and what to expect.
What Is a Calendar Call?
A calendar call is a procedural hearing held by family courts in California before a trial. The judge does not make any crucial decisions about property division, child custody, child support, or other critical legal matters in the case. Instead, a calendar call is meant to serve as a status update throughout the divorce case.
During a calendar call, the judge will confirm with your attorney and your spouse’s attorney that you are ready to proceed to trial. They will ask if you have reached any agreements to simplify your case or regarding the admission or exclusion of evidence. The judge will also inquire as to whether you and your spouse have exchanged final lists of exhibits and witnesses you plan to use and call at trial.
The calendar call occurs near the end of the case but before trial. It will generally be scheduled to take place at the close of discovery, which is when you and your spouse exchanged requested information to help prepare for the case.
What Is Required for a Calendar Call?
In some cases, a judge may order each party to complete a trial or hearing brief, and it must be served and filed with the court a minimum of five days before the trial. If you forget this step, the judge may delay or cancel the trial.
This trial brief is meant to provide a concise overview of the facts of the case, a brief summary, a list of witnesses that will be called at trial, and any unresolved issues.
What Is a Trial?
The trial is where you and your spouse present evidence and witnesses through your attorneys regarding the contested issues involved in your case, such as property division, spousal support, child custody, or child support.
The trial provides each party with the opportunity to convince the family court judge that they should rule in their favor based on their legal arguments and the quality and reliability of the evidence they present.
Some of the legal issues related to the submission of evidence may have already been hashed out during your calendar call meeting and in the discovery process. However, there may be additional grounds to object to evidence, and your lawyer may do so anyway to potentially preserve issues for appeal.
During the trial, the general process includes:
- Opening statements: Each attorney may provide an opening statement summarizing the legal relief they are seeking and why.
- Examination of witnesses: The spouse who filed the divorce case will generally present their case first. They may be called to testify. Their attorney examines them, asking relevant questions about the case. Your lawyer may also call other witnesses and ask relevant questions. In some cases, your lawyer may call expert witnesses, such as psychologists or forensic accountants. When presenting these witnesses, your lawyer must establish the witness’s expertise.
- Cross-examination of witnesses: After your attorney examines you, your spouse’s attorney may cross-examine you, trying to poke holes in your position.
- Presentation of evidence: During the examination and cross-examination of witnesses, the attorneys may introduce evidence and have the witness explain what it is. The other attorney may object to the evidence. Evidence can vary, but it may include documents, pictures, videos, text messages, and audio recordings. Generally, this evidence must have been disclosed during the discovery process.
- Defense’s case: After you have presented your case, your spouse will have the opportunity to present their case. They go through the same process of testifying, calling witnesses to support their case, and presenting evidence. Your lawyer strategically cross-examines their witnesses and makes objections to the introduction of evidence.
- Closing statements: Attorneys may give a closing statement summarizing their case and why the judge should rule in their favor.
Depending on the case’s complexity, the trial could last anywhere from a few hours to several days, or even longer. After the trial, the judge may announce their decision, or they may take the matter under advisement to allow for additional time to consider the issues and make a final decision.
The judge may schedule another hearing to announce their final decision or put their decision in writing. You are not officially divorced until you receive a final written decree of divorce.
If you and your spouse can reach a marital settlement agreement, you will not have to go through the process of a trial. Instead, you and your spouse present your agreed-upon order to the judge to approve it as a court order.
Contact a Los Angeles Family Law Lawyer From Berenji & Associates Divorce Lawyers for Legal Assistance Today
The calendar call and trial are only two steps in the overall divorce process in California. Divorce is a complex legal process with numerous legal and financial implications. You can benefit immensely from working with an experienced attorney.
Berenji & Associates Divorce Lawyers has extensive experience representing clients in court and negotiating favorable divorce settlements. Call our Los Angeles family law attorneys today at (310) 271-6290 to arrange a confidential consultation.