Divorce Court 101: Getting Ready for Court

Whether you represent yourself or have a legal team, going to Court can feel intimidating.   Here are a few ways to make you feel more at ease:

• Understand Why You Are Going:  What’s on the docket?  Is it a hearing on a pending motion, regular status conference with a quick check-in with the judge or family services, or court-annexed mediation?  Sometimes it can be just one type of appearance or a combination of all three — knowing what is on the calendar is essential.
• What to Bring With You:  Whether you are representing yourself or have a legal team, bring hard copies of: (1) the court notice telling you when and where to be with your case name and docket listed on it; (2) the motions and objections that are on the calendar, if any, that day; (3) an updated financial affidavit; (4) your most recent paystub; and (5) any documents or information required by your local court rules.
• When You Receive Notice of the Date from the Court:  If you are representing yourself, look at your local rules to make sure meet all the deadlines for exchanging documents, proposed orders, and/or exhibits with the other side and/or filing them with the Court.  A visit to court services is a good place to start if you can’t find it online.  If you have an attorney, reach out and ask if they need anything from you and if they do, when they want it.  
• One Week Before Court:  Double check to make sure you are still on the calendar (sometimes things get changed last minute due to the court’s schedule or a conflict with the lawyers’ schedules) and that any documents that have to be filed with the Court appear on the docket.
• Expectations and Needs:  No matter what the issue is, the court will likely want you to try to resolve the issue directly with the other side or with the help of family services before holding an evidentiary hearing on it so be prepared to negotiate.  As part of that preparation, understand what you can compromise on and what you can’t give up and why (e.g., you need the parenting time to accommodate a specific date for a family wedding or work schedule).

Doing one, some, or all of these things before Court will help you feel prepared and confident.  Don’t want to do it alone?  That’s what a divorce coach is for!  Reach out today.

Extra Credit:  Look for your state’s judicial website resources focused on divorce and what to expect when you go to Court.