Tips for Winning Your Divorce Case
Divorce is a difficult situation for everyone involved. People who come to the divorce negotiating table often come with a pre-conceived notion about defeating their spouse. But that isn't always a beneficial tactic. You win your divorce case by getting to an agreement, and the hallmark of a successful negotiation is that everyone walks away satisfied.
Any contentious divorce with multitudes of issues can create a very ugly situation for both you and your former partner. And if you have kids and common friends, then those people may get caught up in the ugliness for the rest of your life.
These tips will assist you in ensuring that you have realistic expectations in order to make your divorce as effective as possible.
Create a List of Your AssetsDivorce is expensive, but it doesn't have to be if you take steps to protect yourself before filing. Keep detailed lists of everything you own, separate and together. Don't let your spouse take advantage of you by hiding assets or charging things to your joint account. Make sure you get copies of your financial documents, including bank statements, credit cards, and retirement accounts.
Remain in the Marital HomeDivorce cases often become messy because people get caught up in emotions. You should never leave your house during a divorce unless you have to do something important. There are many things that could happen when you leave the marital home including losing custody of your children. Also, if you stay in the marital home, your spouse may try to claim abandonment and take away your right to your property.
Avoid Digital CommunicationDivorce is a stressful time. Don't post anything online until you're ready to file for divorce. Anything you post could be used against you by your ex-spouse.
Be Respectful of Your SpouseDivorce is a very difficult thing to do. Even though your spouse may make things hard for you, you must still try to stay calm and keep your emotions under control. Don't yell, threaten, or fight. Your spouse needs to feel respected, even when he/she doesn't agree with what you're doing. This will help everyone settle the case quickly without having to go to court.
Meet Your DeadlinesYou should request a jury trial if you want a real jury deciding whether you win or lose. You should also be prepared to show up early to court for your trial date. Your opponent may try to delay things by asking for continuances. Don't let them get away with this! Be ready to go to court when your trial begins.
Choose a Judge or Jury TrialJury trials are more difficult than bench trials. You should always ask for a bench trial if possible. If you don't get a bench trial, then you need to pay a higher fee.
Learn the Elements of Your CaseA person who wants to sue someone else should make sure he/she proves each element of his/her claim before filing suit. He/she needs to know what the other side plans to do first. He/she also should be prepared to prove his/her claims.
Make Sure Your Evidence Is AdmissibleIn order to win a case, you must prove certain facts. You can also use different kinds of evidence to support those facts. However, some pieces of evidence may not be allowed in court. Make sure you understand the rules before presenting any evidence.A trial notebook is usually made up of several sections. Each section contains information about what you want to say during your trial. There may be a page for notes about your testimony, another for notes about your arguments, and yet another for notes about the evidence you plan to introduce into court.
Watch Some TrialsBefore your case comes up for trail, go down to the Courthouse and sit in on a few trials involving similar issues. Watch how the attorneys present their stories and evidence to the judge. Small Claims Trials are usually over quickly, so you'll be able to see several trials within an hour. Other trials can take many days or weeks to complete, so you may want to sit in on parts of several trials during the course of the day. When you understand what to expect, you will be much more relaxed about the trial.
Be RespectfulA little respect goes a long ways in the courtroom. When addressing the judge, try to use "Your Honor". Be polite to your opponent, but not demeaning or mean. Showing respect for others and the legal system will help you win the respect of the judge. This will make your day in trial a more pleasant experience.
Don't Make Important Decisions Without Thinking Them ThroughDivorce is a very serious matter. You should think about the consequences of your decisions before you decide anything. Selling the house might be a bad idea because you could lose money.
Don't Expect to "Win" Your Divorce CaseDivorce is often an emotional time, but it doesn't have to be. You should take your time when deciding what to do about selling your house. Don't rush into things without thinking them through first.
Be Honest With Your Attorney and Your SpouseYou need to tell your lawyer everything about your case. Your lawyer needs to know all the facts so he or she could help you get the best possible outcome. Don't lie to your lawyer. He or she will eventually find out what you did.The law is serious about these matters. Judges may impose severe punishments on spouses who fail to cooperate.
Hire a Winning Legal TeamDivorce cases are unique, which means there isn't a secret formula to win them. Having a skilled divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC,who knows what you need is important. Our lawyers can help you navigate your case. We value the well being of our clients and their families above all else. Divorce is an important legal process that should be handled by experienced lawyers who know how to handle cases like yours. Contact us today at Thornton Esquire Law Group.
You may not realize how important it is to hire a lawyer when filing for divorce. A divorce lawyer can help you navigate the complicated process of getting divorced. He or she can also protect your rights as well as those of your partner. If you're married, your spouse can often take advantage of you later. Hiring a lawyer early can prevent this from happening.