What to Expect in Divorce Court

Going to court can be unnerving, but an experienced attorney can help you. A divorce attorney can prepare you for every step of the process before you even step foot into the courtroom. it is vital to know what to expect, including how to get to the courthouse, where to park and how to get through security. A family law attorney at Miller Law Group, P.C. will help you every step of the way so that you know what to expect in divorce court. Prepare yourself by visiting the court in advance of your hearing to see how people act and dress, as well as how the judge handles cases similar to yours.

What Happens on the Day You Go to Divorce Court?

There are several things that you will notice when you appear in court for the first time:

• Divorce and family law matters are open to the public except in extraordinary cases.
• Family law courtrooms are often filled with experts, attorneys, friends, and families from other cases.
• The judge’s bench is raised and in front of the courtroom.
• Microphones may be available for the use of the parties and their attorneys.
• Cases may be skipped or postponed if the parties or their attorneys miss roll call.
• Matters that have been resolved by agreement are usually called first; contentious cases tend to be called by the judge last.
• All parties take the oath to tell the truth.

How to Impress the Judge

When you go to court, it is important to make a strong first impression with the judge overseeing your divorce case and make sure to keep your expectations realistic.

• Do not expect your case to be the only one in court that day. Typically, there are 10 to 15 matters before the judge each morning. If it’s scheduled as a motion day, judges and marital masters often hear more than 50 cases in a day.
• Conduct yourself in court in a respectful, presentable way that makes a good impression with the judge. Make your best effort to:
  • Be on time.
  • Have a clean and neat appearance.
  • Show a confident attitude.
  • Use eye contact.
  • Do not interrupt or overreact.
• Stand when the judge enters or leaves the room, refer to the judge as “your honor,” and only speak when it is your turn.
• When your case is called, you will move to the front of the courtroom. (Don’t forget to bring a notebook with you to court.)
• Once the judge has heard all he or she needs to hear from you, the court will make a decision and order for the divorce.

Be Prepared When You Enter Divorce Court

It is vital for you to be prepared when you enter the courtroom. You should know what you want the court to do, why you are asking for it, or why you are asking the judge to make rulings. The courts in Massachusetts are overburdened. Since judges lack the resources to manage their calendars and caseloads, it is essential to use your time in court as efficiently as possible.

Some Arguments Will Never Get You Anywhere

Arguments that your spouse—or the judge—is being unfair will not only not get you anywhere. 

• Do not expect to get a chance to tell your entire story to the judge. In the family courts, there are strict rules of how evidence is presented, so you won’t be able to just tell your story the way you want to.
• The judge only hears issues that are scheduled before the court on that day. If there is another issue, it won’t likely be heard.

You Have Questions. We Have Answers.

The first step for most people who are thinking about divorce or formulating their divorce strategy is to get answers to any questions they may have. We invite you to start finding answers by reading about the Massachusetts Divorce Courts. You can also begin by calling one of our Massachusetts divorce attorneys. Call (888) 874-2142 or contact us online for a free consultation.