What to Expect in Divorce Court

What happens at a temporary hearing?

Unless your case has been specially set by the attorneys; you will be one of many cases set on a docket. At the appointed time, the Associate Judge will call the case and your attorney, or you, if you do not have an attorney, will approach the bench and tell the judge what is in dispute and how long the case will take. The Associate Judge will then line up the various casesand you will wait your turn.

You will have to testify about whatever issues are in dispute. You can bring witnesses to testify on your behalf. You can subpoena witnesses who will not come voluntarily. You will have a limited amount of time, usually no more than 1-2 hours so testimony must be concise.

You will have to present a financial information statement to the Court and will be expected to bring three most recent pay stubs and the most recent tax return. A sample financial information statement can be downloaded from my website.

Witnesses who are not parties will be required to sit outside the courtroom. A person who is not a witness but comes with you as moral support can remain in the courtroom.

No children are allowed. If a judge wants to talk to a child or send the child to the court social worker, you will be told that at the end of the hearing and the judge will make arrangements to bring the child their courtroom or office.

Often times agreements are reached in the hallway and you will not have to testify but you must always be prepared to testify.

What happens at a final hearing?

You will have to testify about whatever issues are in dispute. You can bring witnesses to testify on your behalf. The Court will have given the case a certain amount of time such as one day, a half day, or maybe a week. Witnesses will be called and cross-examined by the attorneys. If there is a jury, which is rare, there will be opening and closing statements similar to what you see on television.

The judge will often rule at the end of the case. Sometimes, the judge will take the case “under advisement” and render a ruling several days later.

Can my spouse be with me in the courtroom?

Yes. Spouses are allowed to stay in the courtroom and sit with you at the counsel table. Girlfriend/Boyfriends are not allowed to stay if challenged.

How should I dress?

You should dress in a business casual manner. A suit or dress is not required but you should remember the Court is given a quick view of you and your life. Do not wear shorts, flip flops, halter tops, frayed, faded jeans, tshirts, clothing with vulgar sayings, mini-skirts. Remove body piercings and cover extensive tattoos. You are going to court, not a rock concert and a conservative professional is making decisions about your life. Think boring.

How long will I be there?

Generally you should plan on one-half day for a temporary hearing and 1-2 days for a final hearing. Most courts operate from 9:00 a.m. until 5:00 p.m. Most judges take a lunch break from 12 - 1:30 p.m. Some judges start at 8:30 a.m. and a judge may go later than 5:00 p.m. if they are trying to finish a case or a witness’ testimony.

Can I call the Judge?

No. Judges are prohibited from talking to a litigant outside the courtroom and outside the presence of all parties.

Can I bring letters to show the Judge?

Letters are not competent evidence. They may be used under special circumstances but bringing a letter to court from a friend or a teacher will not be allowed as evidence.

How can I get my spouse’s or ex-spouse’s financial information?

Some information can be subpoened. There is a process known as “discovery”. This is a broad term that is used to describe things like Request for Production, Request for Disclosures, Interrogatories and Request for Admissions. These are legal requests for documents, witness lists and information. In a contested case all or some of the requests can be used to gain financial and other information.