Present your case at a divorce trial
If you’re representing yourself at a divorce trial, this page explains what will happen and what rules you must follow.
Trials can feel stressful. Knowing the steps can help you feel more prepared.
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What happens at your trial
At a trial, each side presents their case.
Usually, the person who asked for the trial goes first.
Each side can:
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Testify (speak under oath)
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Call witnesses
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Show evidence
When someone calls a witness, this is the usual order:
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You ask your witness questions
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The other side asks questions (this is called cross-examination)
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You may ask more questions to clarify answers
After the first side finishes, the other side presents their case the same way.
Follow the rules of evidence
You must follow rules about what you can say and what proof you can show. These rules are in the California Evidence Code (This law is written for lawyers and may be hard to understand.)
Even though you’re not a lawyer, you must follow these rules. The judge and court staff can’t help you prepare or present your case.
📌 Some important rules:
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Generally, people can only talk about what they know first-hand: what they themselves saw or sometimes heard
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The other side has the right to cross-examine anyone whose words (whether written or spoken) are being considered
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All testimony must be relevant information (proves or disproves something that one side needs to prove at trial)
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example: what hearsay means
Hearsay is when you repeat what someone else said to prove it’s true.
For example, you say:
“My neighbor told me my spouse admitted hiding money.”That’s hearsay.
You didn’t hear your spouse say it yourself. You’re repeating what someone else told you.
The judge will usually not allow this.
Instead, you could:
- Call the neighbor as a witness
- Present other evidence that shows money was hidden
There are some exceptions to this rule, but most of the time you can’t testify about what someone else told you.
If you don’t follow the rules, the other side can object.
An objection means they’re telling the judge something breaks the rules.
If the judge agrees, the judge won’t consider that evidence.
You can also object if the other side breaks the rules.
How you show evidence in court
You must follow a process to show documents or other items to the judge. These are called exhibits.
Here are the steps:
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Show the exhibit to your spouse or their lawyer
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Testify (or have your witness testify) about the exhibit
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Explain how it relates to an issue the judge must decide
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Show that it’s real and not changed or fake
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Ask the judge to admit the exhibit into evidence
When you testify about the exhibit, you must show 2 things:
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The exhibit is relevant (it helps prove something the judge must decide)
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The exhibit is authentic (it’s real and not fake or changed)
The other side may object.
The judge will decide whether to allow it.
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Example: how to use a photo
Let’s say you want to show a photo of your car.
You must:
- Show the photo to your spouse or their lawyer first
- Have a witness say they know what your car looks like
- Ask if the photo shows your car accurately
- Explain why the photo matters to an issue the judge must decide
- Ask the judge to admit the photo into evidence
The other side may object.
The judge will decide whether to allow the photo.
Tips for your day in court
If you've never been in a courtroom before, you can review some general tips so you know what to expect when you go to the courthouse.
Get help
Divorce trials are complicated. You don’t have to prepare alone.
You can:
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Visit your local law library ↗️ (link opens in a new tab)
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Contact your court’s self-help center ↗️
Getting help before trial can make a big difference.