[Read this glossary entry on atharkhan.com](https://atharkhan.com/glossary/trial/) A **trial** is a court proceeding in which the parties present evidence and arguments so disputed issues can be decided. A judge decides a bench trial. In a jury trial, a [[Trial Jury|trial jury]] decides disputed facts under the judge's legal instructions. ## In California Family Law Ordinary divorce issues are tried before a judge in the superior court, acting as the [[Trial Court|trial court]]. The parties may present witnesses, documents and, when appropriate, expert testimony. The other side can challenge the evidence and cross-examine witnesses. Court rules, evidentiary requirements and the issues actually set for trial guide the process. Different issues require different findings. [Family Code section 2550](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2550.) generally requires equal division of the community estate, subject to agreements and statutory exceptions. That does not require splitting every individual asset in half. [Section 3011](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=3011.) identifies factors in determining a child's best interests, including health, safety and welfare. [Evidence Code section 115](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=115.) sets preponderance of the evidence as the default burden unless another rule applies; not every issue uses the same standard. A trial should also be distinguished from a motion hearing. [Family Code section 217](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=217.) addresses live, competent testimony within the scope of specified family law hearings, with exceptions for stipulation or a good-cause finding. It does not make every offered statement automatically admissible or erase hearing preparation requirements. After a court trial, [Code of Civil Procedure section 632](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=632.) provides for a statement of decision upon a proper, timely request. The request must identify the disputed issues; timing and form depend on the trial's duration. A detailed written statement is not automatic in every case. **Example:** Spouses agree on most of their divorce but dispute whether a business interest is community property and what it is worth. At trial, they present the relevant evidence for the judge to decide those remaining issues rather than retrying matters already resolved by agreement.