If you or your spouse are unable to agree on the terms of your divorce, everything will be decided by a judge in a final court trial. You have a right to request a jury trial. Most people are familiar with jury trials – where a jury of citizens from your community will decide the issues. But family law courts are overcrowded and overworked. While a jury trial is your right to request, asking for one will give the judge a negative impression of you before your case ever begins. In many states, including Florida, the “bench trial” is the trial of choice for a divorce case. A bench trial has no jury. The judge serves as the jury and also serves as the judge. The bench trial concentrates all the decision making power in one person, the judge. So in a typical divorce, the judge is the most important person in your life. So it is best to always “play to the judge” throughout your case.
The vast majority of judges are intelligent, compassionate, and concerned with doing the right thing. But judges are human and you must guide your behavior in, and out of court, by how you may appear to another person. From the start of your divorce to the final judgment (and possibly beyond) you must take “the high road.” This means you should act rational and with integrity. Don’t act up, or do anything the judge may use in a decision to punish you.
Always tell the truth and do what you promise to do. If your actions don’t match your words, a judge will pick up on that. Be the person everyone admires throughout your divorce and the judge will pick up on that as well. A judge will frequently give the benefit of the doubt to a person that appears to be rational and honest. Further, a judge that gives you the benefit of the doubt will go out of his or her way to do the right thing.
However, you must be aware that as human beings, judges can act unpredictably. You may get a certain ruling because the judge “woke up on the wrong side of the bed” that day and you looked like the bad-guy in court. Again, you will always come out best if you maintain a squeaky clean image. During your hearing, avoid appearances of instability. Even if you don’t speak during your trial, the judge is probably looking at and evaluating you.
Don’t:
o interrupt your attorney every 3 minutes
o glare at your spouse or the opposing attorney
o speak directly to the other party or attorney
o speak to the judge if you have an attorney – unless asked to
o furiously write notes in a compulsive-looking manner
o wear revealing or dirty clothing
The rules strictly prohibit any communication with the judge outside the presence of the other party. So do not attempt to speak to the judge in private. Letters to the judge are also prohibited. All communications with the judge must be conducted in the presence of the opposing party. And in practice, any communications must be done at a mutually arranged hearing in front of the judge. Finally, always be aware your actions and words are being measured and analyzed by a stranger. But in this case, the stranger is a judge and has power over your life and your divorce.
By: Howard Iken
There are many things you can do to avoid an all-out war in divorce court. Here are 6 tips to keep in mind even before hiring a lawyer (these tips may not help you if there are issues of domestic violence in your case):
1. Understand that information is key. This applies to not just the information on financial issues or basic facts, but also to information on the divorce process and alternatives to fighting in divorce court. Get it while you’re not under the financial and emotional stress of a court case; you might be able to use it to make peace somewhere along the way.
2. Depending on your relationship with your spouse, discuss with him or her which approach you want to take first: mediation, mediation together with a lawyer for each, or just get separate lawyers. The chances for each of you to be satisfied–not happy, just satisfied–are better and will cost you less if you try either of the first two options before getting.
3. If you have children, speak with your spouse and try to get him or her to keep them out of the divorce. This means not using the children as weapons against each other and always trying to think of what’s in their best interest.
4. If you’re going to hire a lawyer, get referrals from your friends. Then, interview at least three lawyers before you hire any one. Understand that a lawyer is there to help you and guide you, but you are always the one in control of the decision to fight or settle some or all of the issues at any time.
5. Assess your case at every step. if nothing works and you end up fighting it out in divorce court, try to make assessments as often as you can to see what can be settled, and what must be decided by a judge.
6. If things become too much for you and your children, consider getting counseling for you and them. Divorce, even the friendliest one, is usually emotionally difficult.
These tips are not a guarantee that everything will be smooth sailing in your divorce. But staying aware and involved in the process will lessen the frustration and hurt that could cloud your judgment to help you resolve the situation.
For information on what to expect in divorce court,visit
DivorceCourtReport.com.
By: Vivian Rodriguez
There are a lot of times in one’s life that he/she may need to hire a family attorney. One may face various issues related to family law including adoption, child custody, children’s rights, divorce, estate planning, and property division etc. It thus becomes very important in such cases to consult a family lawyer for legal counsel and representation.
One can find a number of attorneys who specialize in various areas of family law. But the difficulty creeps in as the issue of hiring the best-suited one arises. Although there are a lot of lawyers in Arizona who claim to represent their clients in every problem related to child support, custody and visitation, and divorce but there are only a few of them who can handle every case with equal expertise.
There are various reasons for hiring a family attorney. Some of which include:
Divorce: it implies a legal dissolution of a marriage. There are generally two types of divorce: absolute divorce, also called “divorce a vinculo matrimonii” and the limited divorce, also called “divorce a menso et thoro.” In case of a couple seeking an absolute divorce, court will ask them to procure some evidences to prove misconduct or misbehavior by the spouse. On the contrary, absolute divorce is actually a judicial execution of a marriage administered by law. Absolute divorce matters generally result in changing the status of both the partners to single. Whereas, limited divorce is typically referred to a declaration of separation. Consulting a family attorney can solve about half the problem faced by a couple.
Adoption: Being covered by a state law, this aspect of family law establishes a widely accepted parent-child relationship through legal procedure. However, Federal Law can directly influence this aspect. It is because the requirement of the same is adjudged only by family status. In the United States, all the 50 states follow the Uniform Adoption Act. The act implies a unique possibility of a strong relationship between a parent and child despite their not sharing of any biological relation. The whole procedure naturally is very complex and involves a lot of legal intricacies that can be well managed by a family law attorney.
Child Support and Custody: The Court Services Division of the United States is a comprehensive unit that assists greatly in legal issues concerning child support, technicalities of the court, and other opportunities in:
* domestic relations
* domestic violence
* child support enforcement
* alternative dispute resolution
* Parent education or public access
Under the Law 1994, Chapter 374, Section 24, the court can help in all the above mentioned elements and can also help to coordinate and support each aspect of child support and custody rights. This is done under the Child Support Committee, the Domestic Relations Committee, and the Committee on the Impact of Domestic Violence.
People generally have a misconception that they can handle the legalities involved in a family. But the actual fact differs greatly from this. Family matters are rather much more complex for they involve one’s own loved ones. These intertwined relationships hence make the family law cases all the more difficult not only for the Family Law Attorney but also for their clients.
By: Linda49818a
