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The Trial

If we get to trial that will mean we have done Discovery, Mediation and Preliminary Hearings and there is no way to settle this matter.

We prepare extensively for trial. We use the worksheets and documents you have provided to me or helped me access, at your trial. Trials can be expensive because of the preparation time and also because of the trial time. Also, sometimes if we are at the trial phase, we also have experts who will testify on your behalf and they expect to be compensated for their time and testimony.

The only time fault comes into play is to determine alimony. However, judges are human and although, by law, fault does not come into play in the division of marital property, it certainly can affect the judge’s decision on all matters.

Courts will listen to the evidence presented to determine custody, division of the marital assets and debt and alimony.

When you prove something in court, you do so through witness and records. I will need a list of all your witnesses we will need for trial. I will need their names, address and phone numbers. I will need a synopsis of what information they can testify about.

We can issue subpoenas to have witnesses attend court and get off from work.

We will use subpoenaed documents to also present evidence of debts and assets.

We will also use subpoenaed documents of school records, medical records, or bank records in custody or alimony related matters.

There will be a Court Reporter present at your trial taking down everything anybody testifies to and the Judge’s ruling, in the event we need to later appeal the Judge’s ruling. A Court Reporter charges you for her time in Court and charges you if you request a copy of the Transcript of the trial after the hearing.

Usually, at trial the Plaintiff’s side will go first. You will testify and all your witnesses who support your allegations of custody and division of the marital estate will testify. Your attorney will ask them questions. Your spouse’s attorney will also ask them questions. No parties, except those who have already testified, can be in the courtroom during the trial. You can not discuss the testimony of the trial with those waiting outside to testify, until they too have testified.

Always dress appropriately for court. Tell your witnesses to do the same.

Do not wear excessive jewelry or make up.

Answer clearly and he serious when you answer your questions. Do not cover your mouth or aver your eyes.

Do not interrupt the Judge. Look at the Judge when you speak to them.

Do not react to the other witnesses testimony.

Be polite.

Control your temper.

Be sure you understand all questions before you answer them. On cross examination most questions can be answered yes or no or I do not know. Do not volunteer information