On the day of your proceeding, dress and act in the same way you would for a job interview. Make sure you bring everything and everyone you need to court. Be organized.
Judge Lynn Toler, a graduate of Harvard and The University of Pennsylvania Law School, served as a municipal court judge for eight years.
The biggest advantage to an uncontested divorce is that it allows both parties to finish the divorce process at a quicker, less expensive rate. If you and your spouse have mutually agreed to go your separate ways, do not have many assets to divide, or have otherwise agreed on how everything will work post-dissolution, self-representation is likely a good, cost-effective option. However, midway through the process, you may end up disagreeing on the division of assets and responsibilities. At this point, your case may require the intervention of both an experienced attorney and a family court judge.
The amount of spousal support, or alimony, to which a spouse is entitled may increase significantly after a couple has been married for 7 or 10 years, depending on the divorce laws in your jurisdiction. Accordingly, if the marriage lasted around a decade or more at the time of dissolution, it's in your best interest to seek legal aid.
In many no-fault divorce cases where everything is agreed upon via settlement agreement, there may not be a hearing or court appearance required at all.
If a conflict arises, be prepared with sufficient, well-documented evidence of your position (with copies for all parties involved), as well as prepared statement on your position for the court to consider. If the issue involves witnesses, make sure they are also prepared ahead of time and served with subpoenas.
Having at least a basic understanding of the laws that will impact your divorce case is vital for any person representing them self in a divorce. Even if you're not a lawyer, you will be responsible for knowing the rules that will come up during your case. Getting to know the laws in your state can help you focus your case to achieve ...
Representing yourself in a divorce means that you are responsible for any correspondence related to your case. Missing out on an important letter or email from the court could affect how things end up for you.
If you work with an attorney, they will act as your legal counsel and can assist you throughout the entire progress. They will know the laws that pertain to your case and will tell you what you need to do nearly every step of the way.
Just like in a job interview, what you wear and how you carry yourself matters. Wear clothing that is clean and fits you well. Choose a more conservative outfit, even if that's not what you'd typically wear.
Asking questions is key when you're representing yourself. If the judge is saying something that you don't quite understand during your hearing, politely ask if they could explain. They might not answer every question you have, but it doesn't hurt to ask kindly to see if you can get a further explanation.
If you have tattoos or facial piercings, consider covering these up or removing them before the hearing. For piercings, you could use clear plugs or small studs to keep the piercing from closing while making it less noticeable.
Some attorneys offer unbundled legal services, also referred to as limited scope representation. This means that an attorney will work with you only to a point. You will choose which services you want help with from the attorney, so you'll only pay for those services that you receive.
The biggest risk is that you lose your case because (1) you are unable to follow all the required procedures to bring your case to trial so your case is dismissed, or (2) once you get to trial, you cannot meet all the technical requirements to prove your case.
In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for you, like a public defender. But in civil cases, you do not have the right to a court-appointed lawyer so, if you cannot afford your own lawyer, you have to represent yourself.
Going to court without a lawyer in a divorce case, where your children, your assets, and your future income are at stake, is the ultimate bad idea. Yet, sometimes , you don' t have a choice. You may not have the money to pay a divorce lawyer.
Start by finding out -- in advance -- whether you can even bring your cell phone into court. Some courthouses prohibit cameras in the courtroom. Since virtually all cell phones these days are equipped with cameras, that means that you won't be allowed to even bring your cell phone into the courthouse.
If you can’t afford to have an attorney represent you, be sure to consider your options: 1 Consult with an attorney, 2 Work with a public defender, 3 Find a pro bono attorney.
Controlling evidence is essential to PROVING your claims. If you don’t control evidence, both by suppressing harmful evidence, and admitting helpful evidence. You will have a hard time winning your case.
Just about any issue related to separation or divorce is fair game at a divorce hearing. Some of the issues that are considered include: 1 Temporary custody 2 Temporary child support 3 Temporary spousal support 4 Protective orders/temporary restraining orders 5 Emergency “ ex parte ” orders 6 Issues related to the family home, including who gets to live in the house and who is responsible for paying the bills needed to maintain the house 7 Procedural issues or disputes related to discovery, evidence or witnesses 8 Contempt of court rulings when court orders are not followed 9 Who pays for health insurance 10 Who pays for attorney’s fees 11 Possible court-ordered mediation 12 Possible court-ordered parenting classes 13 Dividing retirement accounts through a QDRO (after the divorce) 14 Settlement updates 15 Trial setting and additional hearings scheduled
After the hearing is over, the judge will issue rulings on the issues that were presented. These become legal and binding either temporarily, or until the end of your divorce.
Always be polite and ask questions in a very straightforward manner if you don’t know what you should be doing. A certain amount of this is expected. There are specific rules that must be followed, whether you are an attorney, a witness, or a plaintiff or defendant in a divorce hearing. If you can, get to court early and watch how the process plays out.
Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.
Attorneys are paid very well for their efforts. In return, you have the right to expect that an attorney will be well prepared, on time, and ready to fight for your interests. Much of an attorney’s efforts in a divorce hearing depend on how well they have prepared beforehand. If they have done the hard work in advance, ...
A divorce trial is what happens at the end of your divorce. With a hearing, the judge will consider evidence and testimony on one or more aspects of your divorce, perhaps child custody or visitation or temporary alimony, for example.
Some courts use hearing officers to handle specific procedural issues. Other courts use judges for all matters. Regardless of who handles your case, the hearing will be scheduled, and you’ll receive a notification, either directly or through your attorney. At the court, your case is called.