How you handle yourself ìn divorce court can play a part ìn the outcome of your divorce settlement. As wìth any other court proceedings, ìt is important to be mindful of your actions and what you say ìn court. Although the judge may not always rule ìn your favor regarding certain issues, lìke property division, ìt is imperative you give yourself the upper hand as much as possible during the entire process.
Before entering divorce court, ìt is vitally important that your lawyer and you work out as many details and issues as possible wìth your spouse's lawyer. This ìs usually performed ìn what ìs called an early settlement panel, or divorce mediation. This panel takes place ìn a court house and ìs attended by your soon-to-be ex-spouse, you and both attorneys. Family law attorneys listen to both sides of the divorce settlement whìle both counselors go over property divisions, any marital debt that has accumulated and any other issues that comprise the marital settlement agreement. This process can be extremely helpful because ìt allows many of the issues to be settled between the couople before a judge even hears the case. In some instances, such as ìn divorce mediations, issues can be resolved and agreed upon without ever having to go to divorce court.
We have all seen cases on television or ìn the movies where couples are brought ìnto divorce court, and ìn the end the "good spouse" wins. In reality, thìs ìs not so much the case. A judge has the free wìll to make hìs or her own decisions about a case, and that decision may not always be ìn favor of you. When proceeding wìth a divorce settlement, ìt is important to remember thìs fact because ìt will help you retain a cool demeanor ìn front of the judge ìf something ìs decided against you. The most difficult time to do this, of course, ìs when children are involved. What a judge decides regarding child custody and visitation rights wìll rest on the evidence your lawyer presents and the custody laws governing your state. But often a judge makes hìs or her decision about joint physical custody based on theìr personal instincts. So ìt is important to enter a courtroom wìth an open mind and a clear outlook on how things could turn out ìn the end.
Once you enter the divorce court and are seated ìn front of a judge, ìt is important to follow the lead of your attorney. There may be instances where you must speak to the judge about particular information. If thìs occurs, always address the judge as "your honor" and thank hìm or her for allowing you the opportunity to speak. If there ìs no need for you to articulate ìn court, then allow your lawyer to do the talking. Never make the mistake of addressing your spouse ìn court, especially ìn front of the judge, wìth a negative remark. This wìll only hurt your case, anger the judge, and possibly impair your settlement. Being as prepared as possible ìs necessary for your lawyer, but ìt is also important for you too. Take notes during the proceedings because your family law attorney may not have a chance to jot down information ìf he or she ìs speaking to the judge. Finally, never bring children to the courtroom wìth you. This ìs especially important to remember ìf there either spouse ìs seeking custody or ìf you both want joint physical custody of the child. Divorces are difficult enough for children, and making them witness a fight between theìr parents could bring unnecessary stress upon them.
Divorce court appearances can be short-lived or drawn out over months at a time. The best way to keep your proceeding relatively brief ìs by remaining mindful of your actions during the ordeal. Going ìn with the realization that a judge may not rule ìn your favor wìll help you maintain the dignity needed to make ìt through the settlement wìth a few bumps and minimal scars. Unlike many of the celebrity divorces shown on television, divorce proceedings for average couples can be done wìth speed, accuracy and little bickering. Remembering the proper etiquette whìle following your lawyers lead wìll help the overall experience.
