After filing for divorce, appearing in family court may cause anxiety as you may be afraid that you cannot agree with your spouse on child custody and other support issues. We understand that appearing in court can be overwhelming and stressful, but you can easily make the process less stressful once you are well-prepared.
Before you go to court, there are some steps you need to take with the help of a family lawyer Edmonton that will prove beneficial for you throughout the process. In this article, we shall discuss how you can prepare yourself before appearing for the family court hearing process.
What To Expect In A Family Court
The laws and rules differ for civil and criminal cases. Mainly, civil laws apply to domestic issues, but sometimes they may turn into criminal matters. If you disobey the court orders, it can lead to contempt, which can cause imprisonment. But you should not worry too much, as most of your cases would be handled under civil laws.
You must meet your lawyer regularly if you are preparing to go to family court. This can help your lawyer determine your needs and what steps should be taken to accomplish them. Sometimes the lawyer can help you negotiate with the second party and resolve the issue, but sometimes they cannot.
In most cases, a settlement can be reached with the second party through lawyer-led negotiation that resolves many issues, such as the division of assets and child custody issues. These agreements can be done before, after, or even in the middle of the trial.
So what exactly should you expect in a family court? The trials in the court are similar to what you see on TV. Each party's attorney begins by giving an opening statement to the judge and providing evidence of the case. Then the witnesses are called and cross-examined by each side. Evidence is presented on the subject so both sides can prove their stance. The judge may ask a few questions of both parties so that he/she can make the decision. At the end of the trial, both attorneys give closing arguments, and facts are presented before the court.
In the end, the judge makes the final decision. Sometimes the judge may make the decision then and there, but sometimes he may need to go back and review the evidence before making the final decision.
Moreover, it is common for the trial to end, and you may have to wait for weeks or even months for the final decision.
During this time, you have some options. For example, you can ask the judge to reconsider the rulings if you feel that you’ve made some mistakes; moreover, you can also go to the Appellate Court to review the court’s ruling.
Things You Should Do Before Going For The Trail
You should follow the following tasks before going to court for the trial.
Financial Affidavit/Disclosure Statement
The first document you must take with you during the trial is a financial affidavit or disclosure statement. This document helps the court get all the information regarding your assets, income, or other liabilities. You should ensure that this document is prepared correctly, so it may take a lot of preparation to get it ready. The division of assets is the most complicated part of the separation.
Pleadings Filed
It is necessary to provide opposing parties and the court with a notice about which issues need to be resolved. For example, a petition for child support should be filed if you need child support. Moreover, discussing your needs beforehand with your attorney is essential so you can file proper petitions.
Discovery
Once the financial affidavits are exchanged, the case's discovery phase begins. In this phase, you may have to answer some questions known as “interrogatories” to produce three years' worth of tax returns, bank statements, and credit card statements besides the documents you may have submitted. You need to pay attention to the petitions filed by the other party during this phase, as some of your discovery answers can help you defend yourself in the case. After the discovery phase, the next step, which is the depositions of witnesses, begins.
Depositions
Depositions serve as a pre-trial examination of witnesses presenting testimony at the trial. Conducted under a sworn oath, all parties involved in the litigation are allowed to be present, along with a court reporter, to document proceedings.
With a typical duration of three hours allocated for each individual's deposition, it may conclude sooner or extend longer with the court's approval. Your legal counsel will provide you with the necessary preparation for your deposition, ensuring you are ready for the upcoming examination.
Conclusion
Going to a family court trial can be an overwhelming and stressful experience. But knowing beforehand the procedures of the court, you can feel confident and control the situation. Moreover, you should prepare all the relevant documents before going to the trial court to ensure your voice is heard.
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