Attending court instead of negotiating your divorce will teach you how it works. A divorce can be handled in several ways. If your husband and you get along, you can negotiate property and kid care. These difficulties can be resolved by mediation, direct negotiation, or attorneys. If you can’t agree, you’ll go to court.
Bad-faith spouses should avoid mediation, partnership, and bargaining. You may need to sue if your case won’t settle despite your best efforts. You’ll need to understand the process below.
You’ll realize that litigation is time-consuming and expensive. You must work hard and attend many meetings and hearings. Not everything can be left to your lawyer.
Discovery
The parties will conduct discovery to “discover” all the facts at the start of the lawsuit. It may be necessary to answer written inquiries under oath within deadlines. Some assertions may be asked to be admitted or denied under oath.
You may also have to produce paystubs, tax returns, retirement statements, account information, mortgage information, credit card receipts and statements, cheque registers and bank statements, notebooks and diaries, and possibly even your computer hard drive.
The end of the trial date may be set early or later. The court may have an unplanned day or two six, eight, or ten months after the case is filed for the final hearing. In case of conflict, your attorney will strive to change the trial date.
Experts
You and your spouse are examples of “lay” witnesses since you have personally seen or heard something. Opinions are not admissible as testimony, but facts are. You can only get opinions from a divorce lawyer who is considered “experts” in the field.
Pretrial Matters
Your local court may schedule a pretrial meeting when you can inform the court of your expectations for the trial’s duration, the issues that still need to be resolved, and other pertinent information. On certain matters, solicitors may agree to terms through stipulations. Some pretrial motions, like the admission or exclusion of particular evidence, are also up to the court’s discretion.
If you and your spouse are unable to resolve your issues via litigation, the court may mandate that you meet with a retired judge for a settlement conference. Go to the parenting class together if they insist.
Preparation of Testimony
The witnesses are all required to come prepared. Both you and your attorney should be aware of the questions that your witnesses are likely to be asked so that you may prepare for their responses. Additionally, the witnesses should be briefed on the procedure, including the proper attire, language, and topics to cover and avoid.
Your attorney, however, will convey this information with caution. Witnesses who were coached or taught what to say can be used against you by your ex-law’s lawyer, who can ask them about conversations between your lawyers.
Make sure you’re well-prepared to testify. Your requests to the court, whether for alimony or child support, for instance, will be subject to the judge’s consideration of specific considerations. Those considerations are detailed in the statutes of each state. You must be aware of these elements to attend to each one.
