Tips to be Prepared for Your Divorce Hearing and Other Probate Hearings
In a Massachusetts divorce hearing, you can expect a structured legal process focused on resolving issues related to the specific issues brought before the Court. That could be the dissolution of a marriage, issues of custody and child support, guardianships, or modification of existing orders.
Hearings before the Judge are very time specific and often no more than 15 or 20 minutes. Each party will be allowed to present their case. The Plaintiff is the party that filed the original complaint or motion and the Defendant is the opposing party.
The types of hearings in the normal course of a divorce or other probate matter are temporary orders (including emergency orders), motions to compel discovery, contempt complaints (non-compliance of court orders), motions for attorney fees and any other issue that a party needs to bring to the court’s attention. These issues are brought to the court in the form of written “motions” and filed with the court and given a date for hearing.
Whether your case is uncontested or has a few contested issues, the following are tips to help you be better prepared at your next court hearing:
- Be prepared to argue only the issue that is front of the Judge. For example, if you have filed a motion for child support, do not bring up a child custody issue. Instead, prepare a short, detailed argument, explaining why you brought the motion. If you are defending or opposing the motion, prepare a short and detailed argument why the Judge should not allow the motion.
- Organize your evidence and exhibits. If you are presenting to the Judge proof of your argument, have them already organized, labelled and with a copy to the other side. In some cases, it is helpful to present mathematical data or to show a pattern of bad behaviors in the form of a chart. In that case, make sure it is easy to read, and have a copy ready for the other side.
- Resist the urge to interrupt the other side. During the hearing, the other side is going to present a side of the issue that is opposite of your view. When something is said that you believe is not true, do not interrupt. You will be given an opportunity to tell the Judge your side.
- Come prepared with specific statutes and case law to support your argument. The Judge is going to rule on the law, not on emotions or what you think is right.
- Dress appropriately Proper dress shows respect to the Court.
- Show up on time but be prepared to wait The Probate Court schedules hearings at 8:30 a.m. or 10:00 a.m. Find your court room and sign in with the clerk. In any issue involving money or child support or alimony, you must hand in an updated and signed financial statement. You must also have ready a proposed order on how you want the Judge to rule. You must block the entire day in your calendar; the Court schedules multiple cases at the same time and it is impossible to predict when your case will be heard. That means you must not assume that you will be in and out quicky. You must make arrangements for work, daycare or any other commitments that you had for that day.
- In the event of an emergency and you cannot appear call the Court. Life happens and sometimes, through no fault of your own, a sudden illness, a car accident, or any other emergency, you can’t get to court that day. Contact your lawyer immediately; if you are representing yourself, contact the clerk’s office immediately and ask to have the hearing rescheduled. If you do not reschedule and you do not appear, you will be defaulted and the court will automatically rule against you.
Divorce and other probate matters are complicated and very fact and civil procedure driven. It is always recommended to consult with a lawyer when faced with a legal battle. If the other side is represented and you are not, you will be at a huge disadvantage.
Fleischer Law Solutions has years of experience with contested and uncontested divorces, custody, removal issues as well as modifications and guardianships.
Contact Fleischer Law Solutions for a complimentary phone consultation at 978-871-2928 and learn how we can help you find a solution for your legal concerns.