What Happens If A Divorce Actually Goes To Trial

This question is answered by Jason Kohlmeyer, of Rosengren Kohlmeyer, Law Office Chartered, in Mankato Minnesota.
So... what happens if a divorce case actually goes to trial? It happens to be a question that gets asked much less frequently, and this probably has to do with the fact that it is a rare occurrence.
Family Law (Divorce) cases do not involve juries, you don't even have the option to have a jury. The proceedings after that, as Jason indicates, are the petitioner, who is the person that initiated the divorce, will present evidence, possibly offer witnesses, whether they are family members, significant others, etc. about the assets involved in the divorce and how they want that to be divided up.
This is typically the time when a "custody evaluator" takes the stand and testifies as an expert witness, and following that the respondent gets their turn to go, and from then on the trial is no different from any other trial.
People are sworn in (it is a felony to perjure yourself or lie in court), it's an open forum, there are cross-examinations, expert witnesses, and evidence for the case is presented much in the same way it would be in any other trial.
Two major differences are: a) the presiding judge does not make his "ruling" at the end of the divorce (although Jason does mention a one time case involving a retiring judge) and b) attorneys do not make closing arguments, instead they are given thirty days to write a proposed order, (what they want the judge to order) a memorandum of law is also submitted at this time (which is more of an argument for the judge).
After the trial, clients are looking at about ninety days before a judge will make their decision, and that's something that doesn't typically range, according to Jason.
Thanks for watching and feel free to subscribe!
Jason Kohlmeyer
Rosengren Kohlmeyer
Mankato, Minnesota
mankatofamilylaw.com

[@spencerkramber]

Excellent video! I appreciate the clarity and frankness. I actually feel better prepared for my own situation now. Thank you, Mr. Kohlmeyer.

[@JasonKohlmeyer]

Thanks for the nice words Spencer, I am glad it helped clear up this confusing time in most people's lives.

[@JasonKohlmeyer]

@craig merrell :) I can't argue with that! If you want a guaranteed win in your divorce case...don't get married!

[@creativevids123]

Thanks for the guide ! :)

[@kathryncarter6143]

Wow, that was enlightening!

[@JasonKohlmeyer]

LOL, not sure about that but thanks for the kind words!

[@georgesontag2192]

When my wife filed for divorce, I agreed and requested 50% of our assests. She said to leave the house, I get nothing. We had a $300,000 house almost paid for, I should get $150,000. It went to trial and the judge awared me $30,000. Don't get married men, it's a scam to take your assests.

[@cogen651]

This is why men don't want to get married anymore. Who in their right mind would want to go through this crap? Thank the courts system for completely destroying marriage.

[@emokiriemiabednegoabed2844]

Smartness is important in a relationship and cyberhackinggenius helped cloned my husband’s phone and I got access to all his dealings both on phone and social media without touching his phone. All I did was share my husband’s phone number with cyberhackinggenius and I was able to read both his new and deleted messages from my phone without having to touch his phone. My husband was a cheating Narcissist and I’m glad to find out all his secrets and infidelity with the help of cyberhackinggenius. I’m here in UK and able to access my husband’s phone messages with a link on my phone even while he was away in Canada cheating on me. I got to discover that my husband who is legally married to me here in UK is also recently married to another woman in Canada and I’m finally going through a divorce with lots of evidence against him. I read all his Whatsapp, Facebook,Skype,Instagram and Snapchat messages Including the deleted text and recent messages. You can contact this great Hacker Gavin via Gmail (cyberhackinggenius) or text and speak to him directly on his phone and WhatsApp : [phone] and don’t forget to thank me later.

[@JasonKohlmeyer]

You make a good point and I think the system sure could be improved, but one side note I would say I think a lot of women don't want to get married. I deal with a fair number of what we call paternity cases and many of the times women choose not to get married in those cases as well.

[@GMarieBehindTheMask]

Not just men!

[@badgirlhollywood9741]

True but if it were easier for men to cheat

[@JD-zl2ec]

It’s a quasi court why do you think the judge doesn’t ever make a ruling rather our proposed order?! Any power he has is what the parties provide him. Let’s go wake up

[@lisabridgeman3554]

Thank you

[@KhmnLaw]

Thanks for the comment, I should probably do an updated video! But not much has changed since I shot this one. Thanks for watching.

[@lemons4967]

This explains so much to me!! thank you very much. I have trial March 4th I've done everything so far in the divorce without a lawyer because I cannot afford one he has one but I watch a lot of KZbin tutorials and I got my prenup thrown out and his anyway whatever so I appreciate you lawyers taking the time

[@CwillSincerely]

I'm going through the same thing. I just had my final hearing today and now trial will be set in June or July. When you go to trail, you don't get finalized then? You're still married?

[@whatthegirlwant]

Hello there, I had prenup too can you help me go through? No one explained it to me page by page back 2007. I had a day and half left and he handed me the prenup. I forced to sign it coz i dont have option. How did your prenup got thrown away? Back 2010 we supposed to get divorced and he brought up that prenup, back then he has no atty and i dont have one too. No minor. We got married for 3 years that time but been together for 2 years coz it takes me 1 year to come to the US. The judge look at it and asked him to pay me $120k. When he found out he has to pay me that amount he came back and we reconciled. Fast forward after 12 years of being married with him hes now divorcing me again with minor child. Our preliminary hearing is in june 2019. Please help. Your input will help alot. TIA

[@whatthegirlwant]

Criminally Devoted Hello there, I had prenup too can you help me go through? No one explained it to me page by page back 2007. I had a day and half left and he handed me the prenup. I forced to sign it coz i dont have option. How did your prenup got thrown away? Back 2010 we supposed to get divorced and he brought up that prenup, back then he has no atty and i dont have one too. No minor. We got married for 3 years that time but been together for 2 years coz it takes me 1 year to come to the US. The judge look at it and asked him to pay me $120k. When he found out he has to pay me that amount he came back and we reconciled. Fast forward after 12 years of being married with him hes now divorcing me again with minor child. Our preliminary hearing is in june 2019. Please help. Your input will help alot. TIA

[@JasonKohlmeyer]

How did it go? I know it's been a while, but I was hoping you would let us know how case went!

[@sharoncohen2139]

Suffering from lies and physically disabled due to aforementioned. Is there help please I should call so that this is private

[@JasonKohlmeyer]

I just saw this sorry for not replying, but you should never post requests for legal assistance here, just send the lawyer an email directly.

[@mattie9419]

I like the good old days when all you had to do was just burned the marriage certificate and it was over less bureaucracy that way compared to a six-month process it was just a 6-second process

[@JasonKohlmeyer]

I think I hear that old “All In The Family Song” playing (those were the days…) I suppose that’s true, but that sure isn’t coming back. You ask me, as a lawyer who has broken up well over 1500 marriages, I wish they had marriage counseling BEFORE marriage. Put in a waiting period, or a class or something to make folks think about. That would cut down the divorce rate considerably. But, that’s pretty darn unlikely to happen as well. So for now it seems we are stuck with what we are stuck with. Thanks for the comment though.

[@Dani-cg9hn]

@@JasonKohlmeyer we don't have to be 'stuck' with this demoralizing, mental anguish, abusive, and wasteful of resources system we currently have. It only takes one ☝️ one person within the 'insiders club', your community of lawyers to want to start to put an end to it. Unfortunately, i am going through a process of divorce right now. I was terrified of the legal system. I've started from nothing. By the Grace and hand of God, I was led to a great lawyer. Working with him almost 1 year now, I feel empowered after being so scared to even speak to him. In my research preparation for deposition, I find the divorce process to be the most outrageous, unjust, manipulative, wasteful of court time and resources process, in addition to abusing the people who are most vulnerable, and children. I am beyond appalled, disgusted! Of course, I don't come from the legal field. Now I understand why the legal system is so messed up.

[@Dani-cg9hn]

@@JasonKohlmeyer That a judge can attest their signature on a document, certifying that an individual stood before them, had a hearing, and, went through proper procedures, ALL FALSE. And that judge still be reassigned to the case and, they REFUSE, to correct their previous actions, allowing the case to be properly processed, is grossly negligent and abuse of power. Yet, that judge, is not held accountable. Our mouth is shut when we have a legal representative. And of course, the contempt with which assistants, secretaries, and others treat average people who don't know their titles , system and language, is the most abominable behaviour I have ever seen in serving the public. Judges have a respect they don't deserve. Only when respect is earned do we enjoy it. If by power they exercise, which is what I see, this is not respect. This is manipulative and abuse of power. And from what I hear in my research, this is how mostly these courts operate. 'Juries of our peers' = by definition how well a lawyer can manipulate their verbal skills to use emotions, and other tactics to influence the jury. This, in it of itself, is controlling, manipulative behaviour, and abhorrent! Of course, this is not conducive to a positive outcome of the 'truth.' They don't care for the 'truth.' Only the 'perception.' Shameful!

[@basicprogrammer6147]

This. You nailed it. The lawyers are making a FORTUNE, we're losing the home, all of our assets are gone. If she had just walked in with the certificate and a match, we'd still have it all, only just go through the civil process if one of us has a claim to something.

[@pocahontas4583]

You’re doing good if you’re done in 6 months. Getting close to 2 years for me because my spouse refused to go to mediation and instead used the time in between to make me his verbal punching bag sending nasty insulting emails to me, which ended up in the court documents and caused the judge to set us straight to trial, charge him my attorney fees (I started without one but had to hire one because he wouldn’t cooperate), and charge him retroactive CS.

[@melissalopez3568]

I have a good question I filed my divorce on June 29th and on July 13th my spouse sign the file degree of divorce if he doesn't show up to court well the judge grab me the divorce anyways cuz he didn't show up

[@JasonKohlmeyer]

Probably, it depends on the Judge as well as what the documents said, but often times the Judge will grant a default at that point.

[@oscar9876543]

90 fucking days!!!!! I can't even stand my wife for 1 day!! Geez, this is going to take forever.

[@JasonKohlmeyer]

I gotta say I like the bluntness! I agree Minnesota is a bit lacking in terms of judicial speed! The worst part is a motion for a new trial can be file 30 days after the 90 days...AND an appeal 60 days after that (generally!). I'm afraid the court system has never been fast.

[@oscar9876543]

@@JasonKohlmeyer It's ok, it didn't go to trial and the divorce when smoothly......

[@powerfulgodfrey7805]

How many times do you go to court

[@JasonKohlmeyer]

Hmmm “Court” can mean a lot of things, from a very simple uncontested divorce hearing that takes say 15 minutes to a contested motions that are 1-2 hours to day long trials. I’m in court probably 3-4 times per week.

[@powerfulgodfrey7805]

How many court trials proceedings

[@JasonKohlmeyer]

Thanks for the comment! I think your comment got cut off, but If the question is how many divorces actually go to trial? Not very many! Statically, it’s about 2-4% in Minnesota (at least from the stats from a few years ago).

[@cloroxbleach945]

Thanks so much I’m writing a story and need more information

[@JD-zl2ec]

What you looking for

[@sharoncohen2139]

When a attorney allows plaintiff to sign agreement UNREAD? And how to prove fraudulent statements. How to go about a lot post divorce when the defendant is an alleged narcissist who is a JD PLEASE

[@JasonKohlmeyer]

hmmm, that's a tricky one and a bit outside the scope of this video. I do talk about this sort of thing at my blog www.mankatofamilylaw.com

[@Dani-cg9hn]

I would say, we must hold NOT the court solely but the way laws are made affecting individuals in marriage is irresponsible. Also, Courts are the extremely publicized place to make the final decision of separation of two married people. HOWEVER* (*caps for emphasis) before that, politicians, have long ago, and on regular basis, make deceiving laws against families, individuals and children. We only learn about them in the case of stepping in a court for divorce. Then we learn about the 1)negative impact of filing taxes 'married filing jointly'; 2)being a caretaker for a child/ an elderly parent; (which does not allow contributions to a retirement account); 3)worst of all, loss of identity trying to reintegrate into the workforce! Ex: #DoddFrankbill.

[@KhmnLaw]

Great comments. Really very good. A lot of people forget that the Court only can do what the laws say. They can't go outside the written laws (or are not supposed to) so if we really want to make positive changes in the court system it MUST start with updating laws.

[@JD-zl2ec]

You don’t have a jury because it’s an administrative court therefore you have to consent.

[@KhmnLaw]

Hey JD thanks for the comment, that might be so in some states but in Minnesota it's just a normal civil case and that means a Bench Trial (no jury) but I'm afraid you don't get a choice on this.

[@anitramoore9514]

Do they ever last longer? Do they call witnesses?

[@JasonKohlmeyer]

There is a saying that you may hear a lawyer use and that is “A trial is a trial is a trial.” A MN divorce trial is real trial, with opening statements, legal briefs, witnesses, cross-examination and all the things you see on TV. It’s a very real trial! The longest divorce trial I’ve done is 4 days. The shortest? Hmm, 1 hour? It all depends on the issues and the complexity of the facts that the Judge has to deal with . Thanks for the comment!

[@fexfenix3246]

Who keeps the house if both want to keep the house? Male works over 40hrs a week, Female works 32hrs a week and started about 2 months ago. Tks for advice.

[@emokiriemiabednegoabed2844]

Smartness is important in a relationship and cyberhackinggenius helped cloned my husband’s phone and I got access to all his dealings both on phone and social media without touching his phone. All I did was share my husband’s phone number with cyberhackinggenius and I was able to read both his new and deleted messages from my phone without having to touch his phone. My husband was a cheating Narcissist and I’m glad to find out all his secrets and infidelity with the help of cyberhackinggenius. I’m here in UK and able to access my husband’s phone messages with a link on my phone even while he was away in Canada cheating on me. I got to discover that my husband who is legally married to me here in UK is also recently married to another woman in Canada and I’m finally going through a divorce with lots of evidence against him. I read all his Whatsapp, Facebook,Skype,Instagram and Snapchat messages Including the deleted text and recent messages. You can contact this great Hacker Gavin via Gmail (cyberhackinggenius) or text and speak to him directly on his phone and WhatsApp : [phone] and don’t forget to thank me later.

[@jjs777fzr]

Women win everything. If you do everything right and the woman does everything wrong, woman still wins.

[@JasonKohlmeyer]

Every state is a bit different, in Minnesota (and in the counties, I practice family law in which are the southern 1/3 or so) generally speaking, whoever is willing to "pay" more for the house will get it (along with the debt). I'm being pretty general here, but if you want the house and are willing to value it more than your wife, typically you'll get the house and have to pay her 1/2 the equity (with equity being defined as the fair market value - the mortgage (and second) = equity).

[@JasonKohlmeyer]

@@jjs777fzr only if you hire the wrong lawyer....

[@andjelijaran1978]

@@JasonKohlmeyer can you recommend good lawyer?

[@JasonKohlmeyer]

Peter, I couldn't agree more! People are often worried that lawyers cost too much, but you wouldn't do your own dental work would you? Then please don't do your own divorce!

[@RoyRidgewater]

If your divorce is uncontested then I think it's worth it to move forward as a pro se ... if everything is agreed upon. If it's contested, then I believe an attorney is necessary

[@danimirmartell]

@@surfingthelastone i'm going through divorce, an lawyer are all a peace of shit, they just want your money, they don't care your child or your financial situation. they lie, they won't follow law rules, and make case more complicated for both parties. try to resolve your case with your ex. if din'd t work like in my case, then god bless us. the system just support woman's.

[@JasonKohlmeyer]

@@danimirmartell I’m sorry to hear you’ve had a bad experience! Really I am! I am the first to tell people that there is a reason there are lawyer jokes, many, many lawyers are focused on the bottom line more than the client. But, not all of us. Like any career, dental, medical, heck plumbers and mechanics, there are good ones and bad ones. The key is to figure out who is who BEFORE you hire the lawyer!

[@JasonKohlmeyer]

@@RoyRidgewater I generally agree! Although, I would add a small caveat, if you don’t have kids or much in the way of assets then use the free MNGOV forms! They are a little confusing, but they are designed for just that type of situation. The problem is if you have assets, a house, retirement or pension, or kids. Even if you agree on everything, I still have to say I think it’s worth the few hundred dollars to have an expert review it and give you their thoughts since there are a fair number of pitfalls and land mines that you can step on and not realize the mistake until it’s too late to change it.

[@EmilyJohnson558]

If one party can afford an attorney and the other cannot it is an unfair advantage. Layers when hired should by law have to represent both parties equally.

[@basicprogrammer6147]

I do not want a divorce.

[@KhmnLaw]

I hear you, I do! In Minnesota (and actually all the states now, from what I understand), we are all no-fault, which really means there is no way to stop the divorce IF they want it. I'd suggest offering counseling to see what you can do to avoid having to call a divorce lawyer, I know it sounds silly, but in my over 20 years of doing this, I would say that I've had about 1-2% of people stop the divorce and go to counseling. Best of luck.

[@anitramoore9514]

Wow! 90 Days!!!!

[@kathryncarter6143]

That's what I thought

[@JasonKohlmeyer]

That drives people crazy (including us lawyers)!!!! Yes, it’s true 90 days after the closing of the record.

[@Dani-cg9hn]

@@JasonKohlmeyer unacceptable! All these terms need and must be revised and updated. It's time to change the process for divorce court. 1 person, judge, in 5 minutes, taking 90 days, and 1 year, 2, 3 even 5 years in litigation is unacceptable. So too is the abuse from litigants of the system accusing one or the other of spouse abuse when not true, tying up the resources for those who really need them.

[@JasonKohlmeyer]

@@Dani-cg9hn I agree, it's just not ag good system! some states are of course better (and faster) than others, but it's hard to find a way to make it better. The courts are trying to do some interesting programs like Early Neural Evaluation, ICMC's to speed them long, but it doesn't really seem to help much.