Sunday, December 07, 2008



What You Can Expect When Going to Family Court...

If you have never been to family court before and you have court date coming up for you divorce, there are a few things you need to know. Spending time at family court can be quite a shock. Here are 5 things to expect so that you can prepare yourself:

1. It will take all day long. Even though your case is scheduled for 9:00 am, be prepared to spend the entire day waiting. Family courts are overbooked and it is quite common to be there all day. Bring reading materials to keep your occupied. The court breaks for lunch so make sure you bring money so that you can buy lunch or a snack while you wait.

2. Your case might be rescheduled. This may happen the day before the court date you have waited weeks for. It can even happen while you are already there. I once waited 8 hours for a court date only to have it rescheduled. I had to pay my lawyer over $1,200 for sitting there all day. The court system does not reimburse you or care.

3. Do not speak or even look at your ex. If you start an argument with your ex while waiting outside the courtroom, you can be sure it will be used against you. Do not speak to your ex without your attorney present. You do not want your ex making false accusations against you. If you are there with a family member, tell him or her to keep quiet as well. During my first court date my father confronted my ex. My ex had his lawyer march into the judge and falsely accused my father of threatening him. He then filed a restraining order against my father!

4. Keep your mouth shut while in the courtroom. The judge will scold you should you make any outbursts. If you feel your ex or his attorney is saying something that is not true, alert your lawyer by jotting it down on a legal pad. Your lawyer is your mouthpiece in the courtroom and you are not allowed to speak unless directed to by the judge. Even whispering can get you in trouble. Remember, everything is being recorded inside the courtroom.

5. Be prepared to be disappointed. The family court system is not always just and fair. You may be shocked at the judge's ruling. Control your emotions the best you can. You will most likely have the same judge throughout your divorce and he or she will be the one ruling should your divorce go to trial. You do not want to appear to the judge as someone who is out of control. If you are upset with the judge's ruling, discuss this with your attorney and he can file another motion.

If there is any possibility you can settle your divorce fairly without going to court, do it. The expense, stress and aggravation of having to appear in court, often multiply times throughout your divorce, can take a huge emotional and financial toll on you.

Click here to read a free chapter of Seven Secrets to a Successful Divorce

1 comment:

Anonymous said...

Family Court has limited jurisdiction. Family Court deals with relationships between people that could be considered a family.

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