Television allows us to see the transgressions made during celebrity divorces, but in reality, the same transgressions are made in courtrooms all over the country. Being mindful of your conduct will not only make the proceedings easier for you to sit through, but it will also give your lawyer a stronger bargaining power in front of the judge.
Before entering divorce court, it is vitally important that your lawyer and you work out as many details and issues as possible with your spouse's lawyer. This is usually performed in what is called an early settlement panel, or divorce mediation. This panel takes place in a court house and is attended by your soon-to-be ex-spouse, you and both attorneys.
Family law attorneys listen to both sides of the divorce settlement while 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 it allows many of the issues to be settled between the couople before a judge even hears the case. In some instances, such as in 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 in the movies where couples are brought into divorce court, and in the end the "good spouse" wins. In reality, this is not so much the case. A judge has the free will to make his or her own decisions about a case, and that decision may not always be in favor of you. When proceeding with a divorce settlement, it is important to remember this fact because it will help you retain a cool demeanor in front of the judge if something is decided against you.
The most difficult time to do this, of course, is when children are involved. What a judge decides regarding child custody and visitation rights will rest on the evidence your lawyer presents and the custody laws governing your state. But often a judge makes his or her decision about joint physical custody based on their personal instincts. So it is important to enter a courtroom with an open mind and a clear outlook on how things could turn out in the end.
Your family law attorney can guide you through your time spent in divorce court. Following their lead is very important, especially if you need to speak in front of the judge. As with any other profession, common courtesy is expected in a court of law. This means always addressing the judge as "your honor," and remembering to thank him or her for your time in front of the bench.
If you are trying to present yourself in a professional manner, remember to never make snide or condescending remarks to your spouse. This will only cause you more harm in terms of the divorce settlement. When a joint physical custody battle occurs between you and your spouse, keeping your cool can be difficult.
Never bring the children into the courtroom because it will only make things more difficult for everyone involved. Lawyers will always come prepared to court, but to help obtain all the information discussed in divorce court, take notes that will assist your attorney with the proceedings. Being prepared as possible will only benefit you, and hopefully bring about a positive outcome in the end.
Divorce court appearances can be short-lived or drawn out over months at a time. The best way to keep your proceeding relatively brief is by remaining mindful of your actions during the ordeal. Going in with the realization that a judge may not rule in your favor will help you maintain the dignity needed to make it through the settlement with a few bumps and minimal scars.
Unlike many of the celebrity divorces shown on television, divorce proceedings for average couples can be done with speed, accuracy and little bickering. Remembering the proper etiquette while following your lawyers lead will help the overall experience.
Juanita Bynum Divorce Court
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:
? interrupt your attorney every 3 minutes
? glare at your spouse or the opposing attorney
? speak directly to the other party or attorney
? speak to the judge if you have an attorney - unless asked to
? furiously write notes in a compulsive-looking manner
? 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.
Both Mike Selvon & Howard Iken are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Mike Selvon has sinced written about articles on various topics from Camping, Allergies and Personal Desktop. Mike Selvon owns a number of niche portal. Please visit our portal for more great tips on. Mike Selvon's top article generates over 450000 views. to your Favourites.
Howard Iken has sinced written about articles on various topics from Legal Matters, Sell Home and Legal Matters. Howard Iken is the founder and managing attorney of The Divorce Center. He represents divorce clients in Tampa, Clearwater, St. Petersburg, New Port Richey, Pinellas, Pasco, and Hernando County, Florida. For more information, call his toll free number at. Howard Iken's top article generates over 9900 views. to your Favourites.
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