Divorce and other family law matters involve a tough, emotional journey that often feels like a legal maze. With its unique rules and at-times glacial pace, the court system can be overwhelming, especially for those unfamiliar with it.
Court hearings are a common part of the family law process, but the types of hearings and how to prepare for them can vary widely. As you navigate this challenging time, it’s essential to understand the importance of preparation.
On a recent episode of the Melinda Eitzen Show, Duffee + Eitzen attorney Josh Dossey provided important practical tips for both individuals and family law attorneys navigating these issues to prepare for and make the most out of court hearings.
Define Your Goals Before the Divorce Hearing
“The first question the client should be asking themselves and the lawyer should be asking the client is, ‘What do you want?’” Dossey explained. “You have to know — and the court has to know — why you are there. So, anyone who is not preparing or asking that question, you’re really doing a disservice to everyone, including the courts.”
The first step in preparing for any hearing is to clearly define your goals and what you hope to achieve. An experienced attorney will communicate about the approaching hearing, including the goals and what to expect. Will your lawyer be seeking temporary orders, such as child custody or interim support? Or are you aiming for a final judgment that will resolve all issues related to your divorce? By having an understanding of the objectives, you can avoid surprises and work with your attorney to develop a strategy to achieve them.
Open and Honest Communication with Your Attorney is Essential
As part of the preparation process, your attorney should outline any specific requests in a clear and concise manner. This will help the judge understand your position and ultimately make a decision. If a proposed order is in the works, your attorney should provide a draft that outlines the desired outcome for the judge to consider. By drafting a proposed order, you can actively participate in the decision-making process and ensure that your interests are protected. Relevant documents should be gathered and organized in a logical system.
Regularly update your attorney regarding any significant changes in your circumstances, such as job loss, medical issues, or changes in your child’s needs. Effective communication will help your attorney understand your case and provide you with the best possible advice.
Be Aware of Time Management During Your Divorce Hearing
A hearing is not necessarily the time to tell your story start-to-finish. Some jurisdictions provide as little as 20 minutes for each side to articulate their goals. If your hearing is subject to time constraints, it is important to prioritize your arguments and evidence. The focus should be on the most critical points and avoid going tangents. By effectively managing your time, your attorney can make the most of your allotted time and present a compelling case.
Hearings And Technology
Technology can be a powerful tool in presenting your case. Consider using videos or audio recordings to support your claims, provided that the technology you use is relevant and admissible.
“If it’s audio or video that you’ve recorded, it can be admitted as long as it’s relevant and not overly prejudicial,” Dossey said.
Third-party witnesses, in particular, are considered neutral by nature and may carry more weight in the eyes of judges.
“That can be very powerful evidence and you don’t need to play very much of it for everybody to get the picture,” agreed Duffee + Eitzen partner Melinda Eitzen.