{"id":352,"date":"2017-10-27T18:15:46","date_gmt":"2017-10-27T18:15:46","guid":{"rendered":"https:\/\/eralawgroup.wordpress.com\/?p=352"},"modified":"2018-09-27T13:34:34","modified_gmt":"2018-09-27T13:34:34","slug":"familyfriday-im-getting-divorced-what-happens-in-court","status":"publish","type":"post","link":"https:\/\/eralawgroup.com\/familyfriday-im-getting-divorced-what-happens-in-court\/","title":{"rendered":"#FamilyFriday – I’m Getting Divorced: What Happens in Court?"},"content":{"rendered":"

A source of worry and concern for many clients involve what to expect when they go to Court for their divorce<\/a>.\u00a0 What will\u00a0 my spouse\u2019s attorney ask me?\u00a0 What dirty laundry is going to be shared?\u00a0 What will the Judge decide?\u00a0 On this week\u2019s #FamilyFriday article, the attorneys of ERA Law Group, LLC want to give an overview of what it will actually look like in a courtroom the day of your hearing.<\/p>\n

First, it\u2019s important to point out that no matter what sort of courtroom you\u2019re in, some things don\u2019t change and all parties should remember. \u00a0For example, make sure to look presentable and put together.\u00a0 Remember that the Judge can see everything and will notice if you\u2019re laughing, rolling your eyes, or make any other facial or physical gesture.\u00a0 And, most importantly, be honest.<\/p>\n

Second, getting divorced is emotional.\u00a0 It often involves children, hurt feelings, betrayal, loss of love, etc.\u00a0 Stay calm and be prepared to be emotionally challenged.\u00a0 This is part of the process and it is to be expected.\u00a0 Your attorney will be there to help protect you and make your voice heard.<\/p>\n

Third, many times last minute settlement discussions occur.\u00a0 Often this happens just minutes before your hearing.\u00a0 Don\u2019t feel pressured to take a settlement.\u00a0 Listen to what is being offered, considered what you want and how far off the offer is from your wants, and speak\/listen to your attorney.\u00a0 If you are the one suggesting a settlement, the same considerations apply.\u00a0 Make sure you can separate your feelings and emotions from the case in a way that lets you see the potential settlement<\/a> in the most rational and logical situation.\u00a0 If you do not want to settle, say so.\u00a0 Make your attorney aware so that s\/he knows to deny any potential offering and move straight to trial.<\/p>\n

The process is the same regardless of the county, Judge, or attorney.\u00a0 If you are the Plaintiff – that is the person who filed the case \u2013 you will present your case first. \u00a0This will begin with an opening statement, calling witnesses, calling you, and presenting evidence.\u00a0 Your testimony is arguably the most important piece of your case.\u00a0 It is your voice, your basis for filing, your argument, and proving why what you want should be granted.\u00a0 To do so, your attorney will call witnesses and present evidence to further support your testimony.\u00a0 Presumably these witnesses are people who will show you as a great parent, good spouse, kind person etc.\u00a0 Some witnesses may also be daycare providers, employers, etc.\u00a0 Other times, you may call a witness to prove something.\u00a0 For example, you may want to subpoena your spouses\u2019 lover to prove s\/he has cheated.<\/p>\n

Your spouse’s attorney will then have an opportunity to ask you and your witnesses questions.\u00a0 This process is called Cross Examination.\u00a0 Your attorney will object to some questions asked and\/or evidence presented.\u00a0 If you hear your attorney object, stop talking.\u00a0 The Judge will need to rule on whether or not to allow you (or your witness) to answer the question.\u00a0 Be calm and be honest.\u00a0 You may feel pressured, put on the spot, nervous, etc. and that\u2019s okay.\u00a0 Remember you have an attorney and s\/he is there to protect you.<\/p>\n

After you\u2019ve presented your case, the Defendant will be given an opportunity to present their case.\u00a0 They will be able to and will likely do the same things you did \u2013 the Defendant will testify, his\/her witnesses and present evidence.\u00a0 Your attorney will then have an opportunity to Cross Examine the Defendant and his\/her witnesses.<\/p>\n

When the Defendant concludes their case, both attorneys will have an opportunity to present closing arguments.\u00a0 These arguments are spoken to the Judge and tend to recap what happened at trial, highlight important testimony or pieces of evidence in support<\/a> of their case, and ask the Judge to do grant their client\u2019s wishes.<\/p>\n

Once the Judge has heard both sides and collected the evidence that has been presented, s\/he will likely go back into their chambers to review and make a decision.\u00a0 If the case is long, has many documents, many witnesses, etc. the Judge may state that they will make their decision in writing and dismiss the parties to wait on receiving that decision.\u00a0 If the Judge does make the decision that day, s\/he will return to the courtroom and state their decision for both parties to hear.<\/p>\n

For questions and to talk about your case, call the attorneys<\/a> at ERA Law Group, LLC today at (410) 919-1790 and ask to schedule your FREE 30 MINUTE CONSULTATION!<\/p>\n

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A source of worry and concern for many clients involve what to expect when they go to Court for their divorce.\u00a0 What will\u00a0 my spouse\u2019s attorney ask me?\u00a0 What dirty laundry is going to be shared?\u00a0 What will the Judge decide?\u00a0 <\/p>\n","protected":false},"author":2,"featured_media":356,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[430,424,426,413],"tags":[7,44,84,10,36,248,249,250,251,11,53,12,94,96,192,67,124,163,15,252,73,126,253],"class_list":{"0":"post-352","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-alimony","8":"category-child-support","9":"category-divorce-and-separation","10":"category-family-law","11":"tag-alimony","12":"tag-attorney","13":"tag-child","14":"tag-child-support","15":"tag-children","16":"tag-contested-divorce","17":"tag-courtroom","18":"tag-cross-examination","19":"tag-direct-examination","20":"tag-divorce","21":"tag-family","22":"tag-family-law","23":"tag-judge","24":"tag-lawyer","25":"tag-litigation","26":"tag-marriage","27":"tag-married","28":"tag-military-divorce","29":"tag-separation","30":"tag-single","31":"tag-spousal-support","32":"tag-uncontested-divorce","33":"tag-witness","34":"entry"},"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/posts\/352","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/comments?post=352"}],"version-history":[{"count":3,"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/posts\/352\/revisions"}],"predecessor-version":[{"id":890,"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/posts\/352\/revisions\/890"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/media\/356"}],"wp:attachment":[{"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/media?parent=352"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/categories?post=352"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/eralawgroup.com\/wp-json\/wp\/v2\/tags?post=352"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}