Breakups & Divorce Support Group
Just broke up with someone or in the midst of a difficult divorce? Breaking up is difficult no matter what the circumstances are. They say that time heals all wounds, but sometimes a listening ear or a hug can work wonders for the heart. Whether you need a place to vent, someone to hold you to No Contact, or need advice about what to do, we're here to help.
lovingmyselfirst
what can I expect?
my female attorney says i have all the evidence i need to prove all his never ending infidelities and abuse for 20 years
in my state there IS such a thing as divorce for infidelity and cruel treatment and even punitive damages
but
i fear justice isnt always as fair as it should be after reading yesterday's headlines news.....
and he has a dirty lawyer who is known to defend guilty man
ive never set foot in a court room before...
can anyone tell me how it goes and what to expect?
thanks...
my female attorney says i have all the evidence i need to prove all his never ending infidelities and abuse for 20 years
in my state there IS such a thing as divorce for infidelity and cruel treatment and even punitive damages
but
i fear justice isnt always as fair as it should be after reading yesterday's headlines news.....
and he has a dirty lawyer who is known to defend guilty man
ive never set foot in a court room before...
can anyone tell me how it goes and what to expect?
thanks...
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Good Luck, let us know how it goes.
I pray for you today that you have your day!! keep us updated!
Keep your head up!!
1) Come prepared. Make sure you have all your evidence.
2) TURN OFF YOUR CELL PHONE. My ex didn't do this in our first hearing and his cell rang during his testimony. Really pissed off the magistrate (to my favor~lol).
3) Look at the judge or magistrate when you speak; it's important to establish eye contact with them.
4) No matter what the other side says, keep your emotions in check. I almost stumbled on this one, esp. when my ex's attorney started painting me as some crazy woman. I got visibly upset but my attorney calmed me down. Don't get me wrong, there may times you need to cry. I did--it's just natural. But don't become hysterical or overreact.
5) KMMP is right--keep your answers brief and succinct--don't embelish.
6) You pay your attorney--let her do her job.
7) Keep in mind that many judges have seen it all and heard it all. They know the attorneys and they've heard a million bullshit stories and can usually peg a liar right away. My attorney related a story to me when she and my ex's attorney were meeting with the magistrate: My attorney mentioned the affair and ex's attorney said, "We will never admit to any affair." The magistrate looked right at him and said, "Oh no, there was an affair." We had had only one hearing and she was able to discern that. Those judges are pretty smart.
8) Finally, expect some disappointment. Judges have to follow the law. If you live in a 50/50 state, it's 50/50--that's the law. I left my marriage with some debt--I didn't like that, but Ohio law says equitable distribution and I had more assets than my ex did. We had to balance things up a bit. I still made out better than he did (it was more a 55-45 split), but he didn't get the book thrown at him. I also had to drop the adultery grounds and go for incompatability. Didn't like that either, but realized it was time to quit fighting and move on.
I wish you much good luck in court. Remember, we will be sitting in that courtroom with you in spirit. When you get a little rattled, just imagine us all in the courtroom giving your stbx the finger~lol!
Hugs of strength!!!!
You have court time and your own court room with just you, the stbx if he is there and his atty. Much easier than an open court.
Try to sleep the night before. Watch the meds you take. Something to calm your nerves is okay but don't overdo it.Give yourself enough time to get to the court house so you don't feel rushed.
Keep your mouth shut unless asked a direct question and keep it as short and to the point as possible. No rambling rant about how he's wronged you. Stick to FACTS. Emotional responses will only give his attorney the opportunity to paint you in a negative light.
He will likely try to either disprove the infidelity or will try to make you look like you are such a horrible person that your ex was reasonable in going outside the home for whatever... Be calm, don't let him make you mad.
When you are sitting beside your lawyer and he's on the stand, keep your mouth shut. No sighs, no making faces, no head shaking, NO INTERRUPTIONS OR COMMENTS. If he says something that your lawyer can cross-examine on write it down. Take a legal size pad with you. Write down anything that you can rebut. Don't make a show about writing it down, be quiet and be as subtle as possible.
It is perfectly acceptable to say "I don't recall". If his phrasing of a question is ambiguous or suggestive of something negative towards you (We call them "trap questions" where no matter how you answer it sounds bad) you need to have a very subtle signal for your lawyer that they can object to the question and request it be rephrased. If you don't understand the question, don't guess at what you think he means, ask him to repeat or rephrase the question. Don't be afraid to say "I'm not sure what you mean by that."
Generally, don't speak directly to the judge unless asked a direct question by the judge. Some judges get pissed when witnesses direct their answers to the judge rather than the person asking the question. They take it as you trying to influence them and is frowned upon. Ask your lawyer specifically about the temperment of the judge you drew for some ideas of what to avoid.
we still dont have a court date and my lawyer is always so busy, but i hope she will brief me on what to expect before court.....thanks!
I just wanted to wish you luck with it.
Stay strong. truth is on your side.
As far as the time goes, my STBX's lawyer scheduled a hearing for custody based on what she told him back in April, then once he and my lawyer spoke he cancled it. She hadn't told him the full truth, and when he realized it probably wouldn't go her way he pushed it, basically to give her time to better her situation, and hopefully give me time to screw up. Those lawyers are in it for the money, don't ever believe otherwise. And they will work together to make sure that nothing surprises them in court, which is opposite of what I beleive, I figure give her rope and when it's time hang her, not give her 3 months to figure out how to untie the knot. Good luck on your case, and please let us know how it goes. Mine is on the 26th of this month.