How to Conduct One's Self in Divorce Court

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Divorce court is one place you probably never thought you would end up. It is also, hopefully, not someplace where you spend a great deal of your time. As such, while you may know the perfect etiquette for weddings, cocktail parties, and other commonplace occasions, you probably do not know the etiquette for divorce court. You may wonder how you should act, both when sitting at the table as your spouse is presenting his case, and more importantly, how you should act on the witness stand. Knowing how to act in divorce court can have a major impact on your future, so it is important to consider carefully how you conduct yourself.

Divorce Court Behavior

There are several keys to behaving properly in divorce court:

  • Do not act out in anger. If you lash out at your spouse, yell during his testimony or when he is presenting witnesses, or otherwise show yourself to be an angry person, this can look very bad to the judge. You may be seen as too angry to handle your kids, or your anger may just make the judge see you in a less positive light. Don't object to things your spouse is saying- that is your lawyers job- and keep your behavior neutral when watching your spouse present his case. Likewise, when you are on the witness stand, cooly present your testimony and answer questions asked and you will come across as a lot more worthy of being given custody of your children.
  • Don't be overly emotional. You may think that you can make the judge pity you- and thus side with you and give you more of the assets or more access to your children- by breaking down into sobs and weeping on the witness stand. This is not true. Judges abide by laws for property division when dividing assets and act in the best interests of the child when determining custody. They aren't going to throw all that legal training out the window because you cry. In fact, like anger, crying can make you look emotionally unstable and can actually hurt your chances of getting custody.

Getting Help

Your attorney can provide you with specific details about exactly how to act in divorce court. He or she will likely prepare you extensively for divorce litigation, giving you samples of the questions that may be asked and helping you to go through your answers so that you can present the evidence and information with a cool, clear head so the judge can get the facts he needs to make the best decision in your case.


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