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Preparing for divorce court

On Behalf of | Mar 3, 2016 | Divorce

Even when divorcing spouses try to agree on important matters such as alimony, child custody and division of assets, they might not be able to. This could lead to court proceedings, which generally involves several steps, including pre-trial hearings and the trial. Divorcing spouses in Virginia might prepare for litigation by following some simple tips.

Discovery is the first major part of the divorce process and requires the parties to share relevant information such as depositions and case statements. As part of this, the court may appoint experts to appraise property, conduct psychological examinations or value a company or pension, depending on how complex the matter is. The information obtained through discovery is what divorce attorneys use to prepare cases.

Divorcing spouses should also keep their options open, including the option to still settle out of court. Even if the divorce started in court, they should remain open to negotiating an agreement through other means such as mediation, which the court may suggest or order.

If there are any children involved, they should never step inside the courtroom unless the judge specifically asks that they be there. Some parents may believe that having their children there to testify for them will help their case. However, many judges disapprove of this because they understand how intimidated and scared children can become in such an atmosphere. When a child’s testimony is necessary, the judge will usually conduct a private interview.

People need to keep their emotions under control in court. They are likely to feel angry, nervous, sad or worried about the trial, but they need to control themselves as much as possible. This can help them remain focused on giving accurate and complete answers to any questions that the judge asks them.

Whether divorcing spouses are unable to agree on property division or spousal support, the court process may make them feel uncomfortable. They could feel more at ease about going to trial if they have attorneys on their side.