what does a typical divorce case look like when a lawyer meets with the judge

How does a judge decide a divorce case?

The judge considers all the testimony, exhibits, evidence, and arguments, and applies the relevant divorce laws to them. Then the judge issues a written order that finalizes the divorce and disposes of all the issues presented at trial. After receiving the written order, the parties discuss the order with their attorneys and consider whether to ...

What do divorce lawyers not want you to know?

Joan earns 1/3 more than Mark which makes her the higher earning spouse. Divorce Settlement: The marital assets are split 50/50 and Joan is ordered to pay Mark rehabilitative spousal support for a term of five years. The long-term marriage established a lifestyle that both Mark and Joan had become accustomed to.

What happens before a divorce case goes to trial?

Jun 10, 2008 · Ultimately what it means is that in most cases any experienced divorce lawyer can predict pretty closely what a settlement will look like for any particular couple before the case even gets started.

What does my divorce judge want to tell me but not tell me?

In Allegheny County, where I most commonly practice, a judge is assigned to a family division case upon the first filing in the matter. In other outlying counties, judicial assignments are typically arranged according to parties’ last names. Generally speaking, judicial assignments occur instantaneously with the initiation of the legal action.

How is spousal support decided in divorce?

Spousal support in divorce cases is usually decided by whether or not the spouse that is requesting the support can financially support themselves, and if the other spouse can afford to still support themselves and their soon to be ex-spouse.

What is property division in divorce?

Property division in a divorce is usually handled by whether it is separate property or community property, whose name is on the deed of the property, and how much time and money each spouse put into the property.

Who is Amy Montes?

Our legal team is dedicated to helping individuals achieve new beginnings after divorce and other complicated family law issues. Attorney Amy Montes', dedication and experience led to her being named one of 2009's Who's Who in Orange County in Orange County Lawyers Magazine.

What happens if a divorce case goes to trial?

Trial. If all or part of your case goes to trial, the judge will require everyone to follow the applicable state laws and local rules. Divorce trials vary from locality to locality, but for the most part, the trial will happen in the following order.

Who will go first in a divorce case?

When witnesses are done testifying for the plaintiff, the defendant (also known as the respondent) has the right to cross-examine or question the witnesses on matters that were explored during the initial testimony.

What happens to the defense at the conclusion of a case?

The defense then calls its own witnesses and admits its own exhibits.The defense rests at the conclusion of its case. The judge will grant the plaintiff “rebuttal” time. The plaintiff carries the burden of proof during civil trials, so the plaintiff also gets the last word. Rebuttal can’t exceed the boundaries or subject matter of the testimony that’s already in evidence.

Can you settle a divorce case?

Unfortunately, you can't force a settlement, so if your spouse is stubborn or unwilling to compromise, then you may have no choice but to go to trial. Once you're facing trial, you've probably invested a lot of time—months or possibly even years—preparing your case. You've also probably spent a lot of money on attorney's fees for your lawyer ...

What do you call an expert witness?

You and your attorney may call expert witnesses to testify about complicated topics. For example, vocational experts are often called to testify about how much income the spouses can earn based on job skills, work histories, and education. Or, an attorney may call a property appraiser to give an opinion about the value of the family home. In contested custody cases, judges or parents often request a custody evaluation, which would require the expert evaluator to testify about any custody recommendations.

Can you go to trial for divorce?

Unfortunately, you can't force a settlement, so if your spouse is stubborn or unwilling to compromise, then you may have no choice but to go to trial.

Do plaintiffs and defendants make final oral arguments?

Both the plaintiff and the defendant make final oral arguments to the judge. On some occasions, the judge will issue a ruling from the bench and send out a written order later. However, more commonly, the judge will give both sides an opportunity to submit a copy of the court order they would like the judge to sign.