A court order for your divorce case is a daunting prospect, but many people each have to go through with it. You should rest assured that your case will involve nothing that that the court hasn’t seen before, especially considering a judge can see more than five cases in a single day. There are also a number of things you can do to show your initiative in the court, and a number of guidelines to avoid you making a ‘wrong move’ and damaging your case.
How to Prepare
Your first concern should be paperwork. Try to be organized, but more importantly remember that it’s essential to have everything you could possibly need, and no less. You might wish to gather all of your paperwork and go through it with your attorney to get it organized. At this stage they can also tell you if there is any other kind of documentation that you should have with you. Paperwork should include any proof of purchases for important assets (both shared with your spouse and those you bought before your marriage), any divorce settlements you have already made and any other information you deem relevant to the case.
If you don’t already own a suit and smart shoes and have a tidy hair cut then go out and get them. Your appearance in court should be formal, as if you are attending an important job interview. Looking sloppy in court is not an option if you want to be taken seriously by the judge and/or jury. Also, make sure you bring a notepad and pen to make notes and ask your attorney about them afterwards. It’s not always possible to swot up on the legal vocabulary used in court, so you’ll want to make sure you know what’s going on by making notes.
Children and the Court
Children and the court should not mix, no matter what their age. Anything you think your children can bring to a court case, can be done so on paper with legal documents. Bringing your children into the court will make a bad impression as you are potentially subjecting them to distress. After all, nobody wants to see their parents fighting, no matter how formal it may be.
There may be some cases where the judge or your attorney ask for your children to be brought to a court case. This is the only circumstance under which this should happen.
What to Expect
Finally, you can expect a long wait! Court cases can be unpredictably long, so you should bring something to keep you amused if you have to wait all day until your case is called.
Expect to have any number or kind of document requested. Because of this you should try and be as organized as possible, and talk to your attorney about what documentation you’ll need with you. Court cases in which one party forgets or cannot get hold of certain documentation tend to take a very long time. Similarly, if you don’t try to settle as much as you can with your ex-spouse before you enter the court, then the case will take much longer. If you go into the court having sorted out your financial agreement amicably then you can whizz in and out in no time, getting the quick and simple divorce that everybody wants.
What Others Expect From You
You already know that you need to be smart and prepared with the relevant paperwork, but the judge, jury and even your attorney expect certain behavior from you. Don’t worry, you don’t need to learn about any legal processes, or stand up and give a speech, but instead just use your common sense.
Courts of law are formal places with no room for bickering and social tension. Your sole purpose for being there is to present your case and wait to hear the court’s decision, not have a personal argument with your ex-spouse. In fact, any display of annoyance or frustration will look bad on your part, so refrain from rolling your eyes, tutting, tapping your feet etc. If this is difficult for you, try not to make eye contact with your spouse and remember that an outburst will sway the jury’s decision. At the same time, you should never, ever try to provoke your ex-spouse to have an outburst and damage their case. This kind of behavior is transparent and painfully obvious to the jury.
If you are required to speak to the judge then make sure you stand up and refer to them as ‘your honor’. When they tell you to sit down, do so (even if you want to say something more!) and say thank you.