Filing a trial brief is important, as the court needs to know what is happening with all aspects of the divorce to ensure a fair ruling is entered. Always check the local rules for your particular judge --- some judges have a limit on the number of pages. Judges may also require the trial brief to be in a certain format; usually in book form with a table of contents and an index.
Instructions
1. Copy the heading for your case from another pleading. The heading contains the court, its jurisdiction, the names of the parties --- the petitioner and respondent --- and the case number. In some courts, a division is also included in the heading.
2. Write the title of the document --- Trial Brief --- below the heading. Center, bold face and underline the title.
3. Draft the opening paragraph. The opening paragraph contains your name and what you are filing. For example, "Comes now, the [petitioner/respondent], and files this, [his/her] Trial Brief, and further alleges:".
4. Write the body of the trial brief. Start out with the beginning facts, such as when the petition for dissolution of marriage was filed, when you were married, when you separated and if you have minor children, along with their birth dates. For example: 1. The Petition for Dissolution of Marriage was filed on or about [date]. 2. The parties were married on or about [date] in [city], [county], [state]. 3. The parties separated on or about [date]. 4. There were [x] minor children born to this marriage, to wit: [child 1 name], born [date], and [child 2 name] born [date].
5. Continue in the same fashion, writing one allegation per numbered paragraph. State your wishes for the outcome of the trial for child support, alimony, custody, distribution of assets and liabilities and who should receive the marital home, if applicable.
6. Add in special requests, such as domestic violence injunction requests and requests for special equity. You may receive special equity if you used non-marital funds to pay for a large down-payment on the house, for example.
7. Attach any exhibits you feel may be useful in the trial. Exhibits may include proof of non-marital funds used for a large down-payment, proof of cash in bank accounts, retirement account statements, credit card and other liability statements and other financials. You may also have custody evaluations and other documents that were accumulated throughout the divorce process. These documents should also be included in the exhibits.
8. Write the certificate of service. The certificate states that you forwarded a copy to the judge and to your spouse or her attorney on the date you filed the trial brief. File the trial brief with the clerk of court by hand delivering it to them. Hand deliver a copy to the judge on your case, and to your spouse or her attorney.
Tags: about date, trial brief, also included, born date, child name, child name born