What you should know about family law trials

What you should know about family law trials

In any family law case, there is a chance that you will have to go to court. Depending on your perspective and needs, this could be just what you wanted or not. Any trial, in any courtroom, is an experience in procedure and argument, but things may not always go as smoothly as you planned.

At Envision Family Law, we’ve gone to court for clients in every conceivable family law matter, and we want to help prepare you for your day in court. Every case is different, but everyone going to family court has some of the same questions, like:

Is every court the same?

The court and the law strive for general consistency, but the ideal and the practice are different. Each county has its own rules and guidelines. Each judge has their perspective. Navigating those subtle shifts in legal approach is an essential skill that attorneys hone over a career.

Will I always have the same judge?

For each matter brought before the court, such as a divorce or an adoption, all of the hearings related to that case will usually go before the same judge. There are some exceptions to this. Subsequent matters taken to court, such as custody modifications or domestic abuse orders, may go before a judge other than the one in your original case. However, keep in mind family court judges are not limitless. In Pierce County, for example, two judicial departments handle the family law matters for the entire county.

What types of cases are taken care of in family court?

Family court covers such cases as:

• Divorce
• Modifications
• Relocations
• Visitation
• Parenting plans

Interestingly, however, non-parent custody matters are now handled as matters of probate law. While this does not necessarily change the venue, it does complicate the legal preparations.

What should I do to prepare for court?

Your attorney can advise you on the exact preparations for court, and since your issue is highly personal, you would do well to consider all the legal advice you receive. However, you may not necessarily have to do anything while in court.

Your attorney represents you. They speak on your behalf, prepare arguments and present evidence. The only thing your attorney may call on you to do is provide testimony, but even that is not a given.