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Divorce: Preparing For Your Final Hearing

By: Lucille Uttermohlen

If you and your spouse don't reach an agreement, the judge will have to make decisions about your case. He / she will do this at what is called a "final hearing". At this hearing, you can call any witnesses you have to testify for you. You will also be able to show the judge any documents you have that support your position.

If you have to force witnesses to come, or they can't get off work without help, you will send them what is called a "subpoena". Your clerk's office will have these, and will give you as many as you need. If you have an attorney, he / she will take care of this for you. The important thing is that you make sure it is done in plenty of time for the hearing, either by doing it yourself, or making sure your attorney has the witness's addresses to "serve" them. You have to be able to prove to the judge that you notified these people that you wanted their testimony or the judge can't make them show up. If they have special knowledge, you may have to pay an hourly wage for their time. Any witness is entitled to reimbursement for the mileage they travel to get to court for you.

If your spouse or a third party have papers you need for your case, they can be made to give you copies through the "discovery" process. Make sure you have copies of the same documents your lawyer has, whether you provided them, or had to request them from the other side.

Highlight the portions of your copies, such as amounts and terms that you think are important. Review these with your lawyer before you go to court. You may need to refer to something, while you are on the witness stand, or remind your lawyer to ask a question of the opposition. The quicker you can find the item you are referring to, the happier the judge will be. The following documents could be important. Get copies of them to your lawyer's office as soon as you can, and familiarize yourself with their contents:

1. Bank statements, including savings pass books, Checking account statements, certificates of deposit, or documents establishing money market accounts. In short, any document that proves that money exists in the marriage should be available.

2. Stock or Bond certificates, Retirement Account or Pension Plans, IRA account or 401 K account statements.

3. Mortgage agreements, amortization schedules, tax statements, insurance policies, leases, appraisals and deeds.

4. Automobile: payment books, loan papers, appraisals. The approximate value of cars can be obtained at http://www.kbb.com/ which is The Kelley Blue Book site, or http://www.nadaguides.com/, which is the site sponsored by the National Dealer's Association.

5. Make two lists of your furniture, appliances, decorations, linens, flat wear, lawn furniture, patio accessories, lawn mowers and yard equipment, and tools. On the first list, put the things you want, or have already received, and on the second, put what property your spouse has received or would receive if the court follows your plan. Try to estimate the current market value of the things on both lists. This means the prices you would pay at a garage sale or estate auction. The court is not going to assign the values the things might have had when they were new. 6. Any paper you have evidencing credit card bills, loans, doctor bills, service invoices, utility bills, grocery receipts, or anything else you owe. Even the things for which you are not asking your spouse's help could be important. If you can show how far you are already obliged to stretch your income, it might effect how much debt you'll be assigned by the court. If you know your spouse's obligations, you should provide proof of those as well.

Article Source: http://articles-book.com

Lucille Uttermohlen has been a family law attorney for 27 years. Her specialties include divorce, guardianship, paternity, adoption, probate and criminal law. For a free ebook on the divorce process, visit Lucille at www.couple-or-not.com





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