Things to do When Preparing For a Divorce Trial


Contesting a divorce case can be mentally taxing for both the ex-spouses. Cases can prolong for weeks, even months, thereby, exacerbating the emotional trauma for both the individuals.It is therefore, advisable for divorcing couples to mutually decide the terms of separation such as property division, child custody, and alimony. If, however, both the ex-spouses are unable to arrive at an agreement the case will go to the court. Divorcing couples can benefit from hiring the services of a family court lawyer who has understanding of family laws and can represent them in a court of law. To avoid confusion and mistakes, it is also important for separating couples to take certain steps that will help them prepare for the trial. The post lists some such measures. Take a look.

1. Make a List of Properties you and Your Ex-spouse Own

Asset division is one of the most contentious issues in divorce cases. The first step for both the ex-partners when preparing for a divorce case involves evaluating the value of property they and their ex-spouse holds. Against each asset, they must mention its value and decide the properties they want to keep and the ones they want their ex-spouse to have. Performing this simple exercise can help avoid disputes and altercations in the family law court.

2. Create a List of Your and Your Ex-spouse's Debts

The quantum of debt, both individual and joint that the ex-spouses hold can impact property division. Divorcing couples must create a list of debts they and their ex-spouse hold and decide who assumes which debt. A criterion to determine responsibility for paying-off a particular debt can be who holds the asset associated with the debt. For example, the ex-spouse who gets the car after divorce must take care of mortgage payment obligations. If one of the ex-spouses earns more, the other person can assign more debts to them.

3. Collect Evidence of Listed Debts and Property Fair Value

Divorcing couples need to submit evidence in a court of law regarding the debts they owe and the fair value of assets held by them. To prove the debts owed by them, ex-spouses must collect and preserve all the bills, and recent statements associated with the debt. To prove the value of property they hold, ex-spouses can submit either or all of these documents:
  • A written appraisal by a certified appraiser.
  • A kelly blue book print out (for vehicles), and
  • A testimony by a certified appraiser, if required.

4. Go Through the Exhibits Thoroughly

Divorcing couples are required to exchange exhibits (items, and documents) with each other they wish to present in front of the judge during the trial. To avoid any surprises during the trial, both the ex-spouses must familiarize themselves with these evidences. Their family court lawyer must go through these evidence too and prepare counter argument based on the exhibits supplied by their client.

Conclusion

Preparing in advance for a divorce case helps avoid confusions. In addition to following these steps, divorcing couples must choose their witnesses carefully and make sure they are aware of the case details. Individuals representing themselves, must prepare an opening and closing statement and practice them regularly for at least a couple of weeks before the trial commences.

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