Divorce Process

Divorce Process FAQs:

What are the best ways to get a family law judge to see your point of view in courtroom litigation?

The most important thing to have when you walk into a courtroom is credibility. The lawyer has to have credibility and the client has to have credibility.

When a lawyer who has built credibility over time asks for something in a courtroom, the judge knows it’s because they believe it’s justified in that case. If the attorney makes a representation to the court about what the facts are going to be, the court knows the attorney is going to have a witness or documents to back that up. It goes back to preparation and putting your documents together. Credible attorneys don’t make accusations without being able to back them up. Once you’ve built that credibility with the court, it’s more likely that the judge is going to enter rulings that are more consistent with what you want.

What are the best ways to deal with an un-cooperative spouse during your divorce?

You have to show your spouse that you’re willing to litigate if it’s necessary to achieve a fair result. In many cases, clients continually negotiate with their spouse thinking that it’s going to speed up the case, save money, or reach a conclusion. With an uncooperative spouse, all that will do provide a feeling of entitlement or leverage in the case and they will constantly come back asking for more.

If somebody is uncooperative or is not being reasonable, you have to let your attorney do their job and go to court. Once you go to court, the attorney’s job is to win that case and to come out with a result that is fair and reasonable.

Oftentimes, you get that co-operation when the person on the other side realizes if they don’t start co-operating, you will take them to the court and the judge ultimately make the determination. Nobody really wants to go to trial, but you have to at least give the impression that you’re willing to go to trial if necessary.