There is nothing more frustrating and tedious than divorce, for some – which is why, before we get into what you should expect from divorce court, you should always have an experienced attorney on your side. When you search for the right attorney who can get you the results that you’re hoping for, you’ll find the process to be much more enlightening and possibly even easy. You never want an attorney who will be a mess in the courtroom or bring unfavorable results for you. Every court hearing will be the same in many ways and also different in various ways. This is why it is good to have an overview of what to expect so you can ready yourself to the best of your ability.
Going to Court: An Overview
Have you found out that you’ll be going through a divorce, which means court for you? There are many ways to handle your divorce and feel better about it in the end. There are also agreements to be made and negotiations that will take place with you and your attorney, as well as your spouse and his attorney. If your spouse has been acting in bad faith or you believe that mediation is not for you, then the court process may be the way to go. But how does it work, from start to finish?
Filing and Service: Without filing with the court, you won’t have a divorce – it’s that simple! You may ask the court to handle many specific factors such as spousal support, division, child support, and more. Secondly, the case must be served, which means that you may arrive home to find a bag taped to your door letting you know that there is a divorce in action. After this, you must take the time to respond in writing to the divorce. You should always be careful about meeting the deadlines.
Discovery: Discovery helps “discover” the facts of the case, which means that in most cases you must answer questions under oath. You may find out about a final trial date around this time, but if any conflicts are found, this will be changed.
Experts: “Lay” witnesses such as those who have seen things between you and your spouse will have their say. However, “expert” witnesses will render opinions about your case. You will hire an expert witness for things like mental health as well as testifying that the children would be better off living with you. Both sides can participate in this.
Pretrial: At the pretrial, you will let the court know how long you expect the trial to take and which issues must be addressed. The court may also decide, at this time, if there is evidence that can’t be used at trial. You may be ordered to a conference to try to settle specific differences and much more.
Testimony Preparation: You must work on preparing your witnesses for what is to come. You must also work on your own testimony during this time and speak to your attorney about what requests you are able to make. All of your documents will be organized during this time to help you along the way.
Discussions: An attorney will get to choose whether or not they want to pass on a settlement order. They will be discussing these important matters along the way.
Trial: You must know how to get to the courthouse and courtroom. Plan ahead so that you are able to park on this big day, as it is of utmost importance. Witnesses will be sworn in and called in to testify at certain times. Opening statements as well as cross-examinations will be made, and you will have to tell your side of the story as well as ask any questions or answer questions that the judge has to ask. A closing argument will be made. The trial process can be long and tedious, but it is very vital to your case.
Order: The judge’s rulings must be written into a court order. If the attorneys disagree about wording in the court order, then you must return to court to discuss the matter. When the order is agreed upon, it will be sent out to all parties.
Carrying Out Rulings: You aren’t finished yet –the rulings must still be carried out. Property will be sold or divided and visitation arrangements will be put into effect. You must also think about paying your attorney for the work they have done.
Need help with a case? Worried about divorce and wonder what will happen in your specific case? Call us today for help. At The Law Offices of Amy M. Montes, we can help you every step of the way. We have the means to walk you through all aspects of your case and answer your questions about the courtroom. Call us now.
