How To Prepare For Your First Family Law Court Hearing
So, despite best efforts to avoid court and reach an agreement, you’ve been set for a court hearing, or even trial. Suddenly, all of the issues are magnified, and anxiety amplified.
Going to court is scary for most clients. It’s expensive and it’s risky. There are no guarantees. A judge, who is a stranger, is going to make some important decisions about your life – whether about your children, your finances, or your divorce generally.
It’s up to your family law attorney to prepare the legal arguments and gather the facts and evidence to put on as strong a case as possible. But what can you do to prepare for your first court hearing in a family law matter?
1. Observe your courtroom
Most family law clients come to us having never stepped foot into a courthouse, let alone a family law courtroom. Their experiences are limited to what they’ve seen in movies and TV, and the reality of the courtroom is something quite different.
Before your court hearing, go to the courthouse (ideally, the specific courtroom you are assigned to) and observe. Courtrooms are generally open to the public.
Observing the courtroom can help get your anxiety and expectations in line. It can help demystify the process. Even familiarizing yourself with the look and feel of the courtroom can reduce anxiety. Also, every judge is different – by observing the specific judge you’re assigned to, you’ll learn more about what resonates with that judge.
2. Practice managing emotions
It’s only natural that a family law hearing is emotionally charged. You’re there because you and your ex didn’t reach an agreement about a sensitive and meaningful issue. You’ve filed a declaration, they’ve filed a declaration – and likely, you both strongly disagree with each other’s contentions.
Still, no matter the intensity of the emotions, you must practice managing your emotions. Outbursts and not being able to control yourself in the courtroom can cause the judge to doubt your credibility. Snickering, making faces, shaking your head, rolling eyes, being impatient – these are all things that can hurt your case.
It’s hard to sit back and listen to half-truths, or even lies from the other side, but in court, both sides get their opportunities to speak. Being patient and reasonable shows the judge that you are in control and you’re not there out of sheer hatred for the other side – you need real relief from the court.
3. Ask questions
It’s on your family law attorney to show up prepared and ready to go. Still, make sure you’ve had conversations needed and asked questions prior to the hearing. The judge may have a bad perception if it seems like you’re not on same page as your attorney. Ideally, the attorney and client will appear to be a cohesive team, in lock step with one another.
If you show up to court with a document you hadn’t shared, or a case theory you want to explore, day-of is almost always too late. Don’t spring new things on your attorney day-of unless it’s an emergency or there is no other option. Work with your attorney as a team to be prepared. Ask as many questions as you can prior to the court hearing so you and your attorney can present as strongly as possible.
Emily Rubenstein Law, PC is a full-service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.