How to Win Divorce
To improve your chances of how to win divorce, you must prepare well for the divorce case. If you are in California, you can prepare for your case by following the tips below.
1. How to win divorce – tip1- Know Your Opponent
The sure way of how to win divorce is to know who you are going to face. Knowing the opposing counsel will help you prepare well for the proceedings. For instance, you will be able to tell if your opponent will play the total hardball. In such cases, you may have to adopt the posture from the word go.
If you are not familiar with your opponent approach but believe they may follow a relaxed style of evidence objection, it will be wise to discuss the matter with the judge and the opponent. This way you can set out the rules to avoid surprises. If your opponent tries to bypass the rules you can bring it to the attention of the judge. The Judge is bound to this evidence code and cannot ignore it.
2. How to win divorce -tip2- Presenting your Evidence
Presenting reliable evidence is one of the effective ways on how to win divorce case. However, there exists evidence code in family law which means a well-plotted objection can stop the flow of your evidence. A well prepared and properly introduced evidence will help avoid evidentiary problems that are common in family law. Most of these problems deal with proof of payment of obligations and introductions of bank records among other problems.
To prevent your evidence from facing evidentiary objection, you ought to ensure it is clear and reliable. You should also chart out possible objections and address them early to save time during the trial.
3. How to win divorce- tip3- Protect Your Credibility and Reputation
Protecting your reputation is one of the straight forward ways on how to win divorce trials. Always be kind to everyone in the courtroom including the court staff. They are usually close to the judges and are likely to tell the judges about lawyers who are dreadful to the court staff. This may impact on your cases in the future.
Most attorneys tend to approach issues in a certain way. Family law bench officers have an idea of the usual ways the attorneys use to handle some cases. It is therefore essential to uphold your credibility and reputation during all court proceedings to keep your name desirable before them. Especially if you know you are likely to go back to a particular court.
4. How to win divorce- tip4 -Conserving Your Time and Energy
Judges like attorneys who conserve time in a court of law. Generally not all attorneys save time, so saving time is one of the easy ways on how to win divorce. If you have given the judge your documents and have read them, the best thing is to avoid repeating them before the judge. In case the judge has not read your points then you can repeat them. After explaining your argument and the judge is persuaded by it, you can ask if there is any question to be answered. If the other attorney from your view of the case then you may need to present an argument. If the other party fails to dissuade the judge, then there will be no reason to argue.
5. How to win divorce- tip4-What to do about “Gaming”
Delays are common among most civil cases. This is mostly seen after a litigator who has obtained a temporary order decides to turn it into a quasi-permanent order through delays a process called “gaming the system.”
A good example when attorneys game the system is during a temporary order for child custody. When the time for hearing comes, attorneys usually skip the hearing and send a representative without notifying the opposing team and end up requesting a continuance. A good attorney who knows how to win divorce must avoid such delays and only ask for a continuance when it is really needed and using legitimate reasons. Courts are now looking for ways to curb unnecessary details in civil cases.
6. Litigation Strategies and Alternatives to Consider
One of the best ways people use the limited courtroom time is by dealing with a single issue for a separate trial. In most cases, litigants bring forth their evidence and want the judge to consider them. Dealing with a single issue for the most has shown to be the ideal way to have the evidence considered.
Mediation is another crucial time-saver in civil cases. Most people like to be listened to and get feedback based on their facts during a hearing. Mediation programs set-up by courts have helped address this need among most litigants. The selected mediators are knowledgeable and listen to the parties involved and resolve the case.
In litigation, the parties involved always expect to get a fair share or more but that is not always the case. Sometimes the ruling might be contrary to what most people will think is a reasonable outcome of a trial. This can be attributed to many reasons including seemingly strong evidence before a trial appearing weak in the crucible of a trial, strong witnesses were shown to be lying or unreliable and even evidence becoming unavailable. These are called “hazards of litigation” as they are the causes that make cases not to have a 100% probability of success. So to get the outcome of a case people must settle cases.
Most litigants go into a case with unrealistic expectations of the outcome of the trial. Mediation can help expose them to a neutral person who helps them adjust their expectations of the case.
Assistance for Self-presented Litigants
A person can represent themselves in a court of law. In such a case, the law requires that self-presented litigants not to be treated any different from attorneys. This means that they shouldn’t be mistreated and neither should they get preferential treatment. Just like an attorney faces consequences for not making necessary preparation like failing to file the required paperwork, self-presented litigants ought to face similar consequences.
There are several solutions, for a party without enough funds to hire an attorney. One solution is that you can find a panel of lawyers who provide services for a reduced rate. Other lawyers do “unbundling” where a lawyer provides limited assistance in particular parts of the case and not others. While this is a good way on how to win a divorce while making savings, it can bring complications.
For instance, if you do the initial paperwork on your own and make a mistake unknowingly then ask the attorney to help with the rest of the case, the attorney may never secure a good ruling for you. During the initial paperwork, you will be required to make sworn statements. You can never change or disown these statements later which can be a problem if you made a mistake during filing.
Another way of how to win a divorce for self-presented litigants is through making good use of technology introduced by the Judicial Council. These resources offer them the right knowledge required for self-representation.
Family law attorneys go through a lot of demanding tasks to win a divorce. Judges understand this and they have expectations on how lawyers can prepare for such cases. By meeting the expectations of judges, lawyers get in pole positions to get positive results from their divorce cases.