1. Do not go to trial until all efforts at family mediation and other alternative mechanisms have been exhausted.
2. No crosstalk or bickering during trial.
Respect the formality of the judicial system.
3. Do not ask for one day trial when you need three days. Failure to properly estimate time for trial causes havoc, The family court judge?s calendar is booked months in advance. If the trial does not finish, coming back in three months or so means that much of what has been presented is forgotten, requiring repetition of evidence and testimony and time is double. That does not even address the extra costs of litigation and angst to the parties.
4. Do not bring the minor child to court without a prior court order.
5. Do not go to settlement or trial without financial affidavits and child support guidelines worksheets
6. Do not interrupt the other side or the judge. This speaks to professionalism, civility and formality.
7. Do not allow the emotional stages of the dissolution of marriage to control the legal divorce. A lawyer should act as a counselor and advisor.
8. Do not expect that the family court judge will rule without evidence. A second trial or continuation of the trial may be required.
9. Do not underestimate the effect of credibility of your client. Prepare your client to tell the truth, and nothing but the truth. The truth means no omissions, no evasiveness, no half truths, no explaining away. A culpable party should take responsibility for his or her actions, seek rehabilitation, and intend to change for the better. How the client presents to the court may affect the outcome at trial.
10. Do not assume that the family court judge remembers the case from prior hearings. The volume in family division is enormous.
Meeting immediately prior to beginning of trial. In order for the parties to attempt to keep their personal power over their property, their money, their family and their child, everyone involved in the trial should arrive one hour early to educate the parties and try one last attempt at amicable resolution. It is better to enter the trial with as many stipulations as possible with the parties making the compromises, rather than to have an order externally imposed upon them. It seems that the closer to entering the judge?s chambers, the more reasonable a party becomes. Even if all prior attempts at mediation resulted in an impasse. Stressfully and anxiously waiting outside for the trial to begin sometimes is just the reality check needed.
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