How to Divorce

HOW TO DIVORCE -- TRIAL

            Going to court is always bound to raise your anxiety or make you nervous.  Knowing  what is going to happen or how to act, should help lessen your anxiety and nervousness.  When you go to court, you should dress comfortable and conservative in a manner that shows respect for the court.  You should expect to see in the court a judge, a court reporter, a court clerk, and a bailiff.  There will also be your spouse, his or her attorney, experts, and other will/may be present.  Cases will be heard before the judge.  Being in court can be tedious.

1. Court Procedure. In general, the procedure will be as follows:

a.       There is a brief opening statement to inform the judge about our case.  This usually takes place in open court.

b.      The petitioner will put on his or her witnesses on first and then the respondent puts on his or her witnesses.  Each witness will be called and sworn and then testify.  The witnesses could include the petitioner and the respondent.  If you are the respondent in the case, you may be called for cross-examination (this means that the opposing attorney may request your testimony under oath) and/or as the first witness. 

c.       Once the case is complete, the attorneys argue the issues, which may require the attorneys to submit briefs and/or memoranda after trial. 

d.      The judge may decide the case immediately, may take it under advisement (study), or may wait to decide the case (hand down a judgment) after receipt of the memoranda or briefs.

2. Guidelines Court.  The following will help improve your appearance and testimony in court:

a.   The judge (the decision maker) will be watching you all the time.  Try not to react when you believe your spouse or some other witness is lying.  Sit quietly and write notes to your counsel if something occurs that needs to come       to

      your attention.

b.   Tell the truth; never guess, make sure you understand each question, and answer only that question. 

c.   Always take your time and talk loud enough for everyone to hear you.  Don’t chew gum, and keep your hands away from your mouth.

d.   Be courteous.  Be calm.  Be confident.

e.   Be sincere, straightforward, and direct. 

f.    Do not be ashamed to tell the whole story.   

g.   Be careful of your demeanor whenever you are in the courtroom.  The judge will observe you at the counsel table as well as on the stand and will draw conclusions both from observation and your testimony.