Sunday, September 8, 2013

Can You Prepare a Winning Divorce Case


Did you forget to read your State Family Laws?  Do you know how to request temporary child support and alimony?  Did you check with your State government to see what forms you actually need to file for divorce with or without children or did you download some forms from a total stranger? 

Do you know your State’s Statutes of Limitations?  Do you know how to serve your spouse divorce papers legally per your State’s laws?  Did you fill out interrogatories correctly?  Do you know proper protocol in the courtroom? 

Over 50% of pro se divorce litigants don’t know the answer to all of the questions above, because they didn’t do their home - work.  In fact many pro se litigants believe that when they go to court and tell the family law judge their pitiful sob story, he or she will graciously hand them a favorable decision. 
Assumptions merely mean expecting something to happen or be true without proof – to assume is deadly in the divorce courtroom.  Contested divorces are intense, unpredictable and only a “fool” will assume, predict or speculate on the outcome. 

Litigants assume that just because they are a good person, the judge will give them a favorable decision.  They assume that the court staff and judge will take them by the hand and make everything a rose garden. 
Yet, another false assumption is that they’ll save a lot of money - what they may save in legal fees, some type arbitration or collaboration may bite them in the fanny if the judge hands down an unfavorable decision.  All of these assumptions may negatively affect their future and the future of their child or children.

If you’re contemplating divorce, remove the emotions, anger and pay back attitude - treat the choice to represent yourself like one of the biggest business decisions of your lifetime. Weigh all of the pros and cons and determine what the necessary steps will be to win your divorce case. 

It’s your life, your future and you have one day in court to present an airtight divorce case.  It will require due diligence from the day you make the decision to go pro se – it will require a lot of homework and time especially if your spouse has hired legal counsel. 

If you stop in and tell your banker that you deposited a large amount of money into your account, but you didn’t receive credit for it – Mr. banker will say, sorry Mr. or Mrs. Jones I must see some proof here, a deposit slip, what bank you deposited the money in, what day and time you made this deposit and so on and so forth…

That’s exactly what the divorce judge will say, “Where’s you proof Mr. or Mrs. Jones.”  Do you have paid receipts to back up your statements?  Do you have exact times that you’ve spent with the children?  Do you have proof that you are the children’s primary caregiver?  Do you have all of your marital assets listed?  Were there pre - nuptial agreements prior to the marriage? Have you and your spouse agreed on child custody?  This is but a few of the questions you may be asked…

It isn’t all doom and gloom; a pro se litigant can win a divorce case if they study family law, learn courtroom procedures and prepared a case with hard facts or evidence to back up their statements in divorce court.  www.caseboss.com (free use of this website for one year – no charges or hidden agendas.)
As Always,
Little Tboca

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