Tips And Traps To Avoid To Help You Get Through Your Divorce
In a contested divorce
assume that any statements you make are being recorded. Do not do or say anything that you would not want known in court. It is important to contact a divorce attorney to learn your rights.
Tips to Help You Prepare For Court For A Divorce
- Do not speak with opposing counsel after you have retained a divorce attorney. If they call you then refer them to your divorce attorney.
- Do not speak with any Judges. Parties may not speak or write any letters to a Judge unless it is part of a scheduled hearing. Contact without the other party present is prohibited.
- Provide independent documentation to avoid any “he said” and “she said” in court. An example of this is if you contend that you are the primary caretaker of the children but the other spouse disagrees. Make sure to bring documents from teachers, doctors, and daycare. These documents may state who signs off on homework, attends parent-teacher conferences, and who brings the child to the doctor.
- Avoid any involvement of minor children in the proceedings. It is not appropriate to show your child the court documents and avoid bad mouthing the other parent in front of the child.
- Photograph all of your belongings and real estate. This will help you keep a log of all your property and the condition of the home.
- Do not lose your temper. An order for protection alleging domestic violence is the most abused process. This will make any custody battle very difficult.
- Do not go in expecting the Judge to rule in your favor.
- Try to settle as many issues as possible before going to court with the help of a divorce attorney or family lawyer.
- If you have a divorce attorney, do not speak unless asked told to do so by the Judge.
- When addressing the Judge refer them as “Your Honor”.
- Do not speak or make comments to the other spouse while in front of the Judge.
- Do not make any negative gestures or faces while the other spouse or their attorney is speaking. Leave all of the hostility at the door because Judges watch how you react.
- Dress appropriately. Your divorce attorney will have an idea of how they want you to be portrayed, so it is wise to consult them on what they would like you to wear.
- Take notes because your divorce attorney or family lawyer will be very busy dealing with the legal proceeding. Don’t leave anything to chance.
- Do not take children into the courtroom. The only time this should be done is when it is asked by the court.
- Be prepared. Bring as much documentation and information to court as you can. It is always better to have too much information than to not have enough.
- Bring reading material. You will most likely have a long wait before your case is heard.
If you are involved in a divorce case, speak with one of our divorce attorneys or family lawyers in your area.