How to Prepare for Your Oregon Divorce or Custody Trial
Facing a trial in a divorce or child custody case can feel overwhelming, especially if you do not have a lawyer. This page explains what to expect at trial, types of trials in Oregon, and provides six key steps to help you get ready.
What is a trial?
A trial is a hearing before a judge. It happens when you and the other person can’t agree on things like:
- Who will care for your children.
- Parenting time (visitation).
- Child support or spousal support.
- How property and debt will be split.
At trial, both sides get to talk to the judge. Both sides can have witnesses testify and present evidence to the judge.
At the end, the judge decides your disagreements for you.
Formal vs. informal trials
There are two kinds of trials in Oregon:
- Formal trials are like the trials you’ve seen on TV. Usually, attorneys are involved. Witnesses are called to testify, and attorneys make objections. Both sides can show evidence to the judge.
- Informal trials are a new kind of trial in Oregon. They are more casual and have fewer rules. They are for people who don’t have attorneys. Both sides speak plainly to the judge and show them helpful documents. Both sides in a case must agree to an informal trial.
If you're interested in having an informal trial, refer to our article on informal trials to learn more.
Arbitration in divorce cases
Some divorcing couples may have to go to arbitration instead of trial. You case might be assigned to arbitration if:
- You're getting divorced.
- The only issues you disagree on are dividing property and debts.
Arbitration is similar to a trial, but it happens outside the courthouse. Instead of a judge, the court assigns an arbitrator to decide your case. The arbitrator is usually a lawyer or retired judge. The arbitrator meets with both sides, listens to your evidence and your side of the story, and then makes a decision about the financial issues.
Steps to prepare for trial (or arbitration)
Double-check the date and location of your trial by looking up your case online or contacting your local circuit court.
Check if your court has any special steps before trial. Some courts may require you to attend a short trial readiness or status check hearing before your trial date.
Make a list of the points you and the other person disagree on. For each issue, write down what you want the judge to decide, why you think the judge should rule in your favor, and the evidence that supports your position.
Doing this will help you stay clear and focused during your trial.
Gathering evidence is another key step. Evidence can include pay stubs, bank statements, school records, emails or messages, and photos or videos. Anything that helps the judge understand your side of the story can be useful. Learn more about gathering evidence in this guide.
You’ll also need to create an exhibit list for the court. Download an exhibit list form here.
If you are having a formal trial, you will need witnesses. Witnesses are people who saw or heard important events, such as friends, family members, neighbors, teachers, doctors, or police officers.
If a witness refuses to attend, you can use a subpoena to require them to appear in court. Learn how to issue a subpoena here.
Plan the main points you want to share, focusing on facts that matter to your case. Keep your statements clear and concise.
This article covers the basic steps to prepare for your divorce or custody trial in Oregon. The Oregon Judicial Department has a free guide, created by lawyers and judges, that offers in-depth guidance on how to prepare for trial.
Download the complete guide to learn:
- How to collect evidence and what kinds of evidence you’ll need.
- What to expect when you go to court.
- How to talk to the judge.
- How trials work, step-by-step.
- Specific checklists for custody, support, property division, and more.