How Judges Decide Divorce Cases

California law dictates how a judge will determine a divorce case based on the facts surrounding the case and what they see as fair. The judges in California court are prepared for anything, from custody, to support, property, and other issues. You may wonder how a judge will decide your particular case and what evidence should be admitted. You may find that the California evidence rules are a bit tough to navigate.


JusticeIf you are asking the court to resolve your custody matters, it may not be a simple procedure. In fact, these types of agreements can take months to years to agree in full. There are many different types of custody and so, depending on the circumstances surrounding your case, you may see entirely different results. For instance, a judge may decide a sole or joint legal custody case differently than they would a physical custody case. A family judge will probably award joint legal custody to both parents unless it is inconsistent with the children’s best interest, such as abuse or violence circumstances. Judges in physical cases will usually choose to award joint custody in divorce cases that involve significant time for each parent. If there are child abuse allegations, then the judge can decide on an investigation or evaluation to come up with the best decision.

Other judges will decide on 50/50 custody no matter what because they solemnly believe that it is in the best interest of the child. However, this is not always the case. This doesn’t mean it’s the end of the line for you. Yes, there are always those judges who will believe in equal parenting time; however, you should not walk into court expecting that there is bias for or against one parenting time schedule versus another.

Domestic Violence

What if your case contains something as serious as domestic violence? Judges will usually make the same considerations depending on what has been done already. For instance, did you receive a temporary restraining order? A judge may choose not to speak to the involved parties and instead determine if an emergency request should be granted. They can make determinations on whether or not permanent orders should be granted lasting up to five years or if it shouldn’t go beyond that.

Of course, there are many more issues that you may find in family court over divorce disputes. You may choose to go to court over many issues such as child support, spousal support, sale or division of the family residence, contested separate property claims, division of business, and so much more. It may be a long and arduous process, but your case will be handled with the help of a judge. What steps can you take to make sure that a judge listens to you and takes you seriously with your case?

  • Do not get angry or show irritation about being at court. If you make a spectacle out of yourself when you are before a judge, they may remember that and use it against you. You may find that you run into issues maintaining control when you know that your spouse is lying, but you have to deal with it as well as you can.
  • Follow accepted courtroom protocol and do not speak unless your lawyer instructs you to. You can also speak to your lawyer as much as you want about any issues.
  • Do not overreact. Staying as calm as possible will give you the best results.

Nobody ever knows what is going to happen when you step foot in a courtroom. This is why you should have legal guidance on your side every step of the way. Call The Law Offices of Amy M. Montes for help today.