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Going to Court

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Your lawyer will be with you at all times to support you any time you go to court. Remember, every court appearance moves you one step closer to completing your divorce so that you can move forward with your life.

For many of us, our images of going to court are created by movie scenes and our favorite television shows. We picture the witness breaking down in tears after a grueling cross-examination. We see lawyers waltzing around the courtroom, waving their arms as they plead their case to the jury.

Hollywood drama, however, is a far cry from reality. Going to court for your divorce can mean many things, ranging from sitting in a hallway while waiting for the lawyers and judges to conclude a conference, to being on the witness stand giving mundane answers to questions about your monthly living expenses.

Regardless of the nature of your court proceeding, going to court often evokes a sense of anxiety. Perhaps your divorce might be the first time in your life that you have even been in a courtroom. Be assured that these feelings of nervousness and uncertainty are normal.

Understanding what will occur in court and being well prepared for any court hearings will relieve much of your stress. Knowing the order of events, the role of the people in the courtroom, courtroom etiquette, and what is expected of you will make the entire experience easier.

Your lawyer will be with you at all times to support you any time you go to court. Remember, every court appearance moves you one step closer to completing your divorce so that you can move forward with your life.

Whether and how often you will need to go to court depend upon a number of factors. Depending upon the complexity of your case, you may have only one hearing or numerous court hearings throughout the course of your divorce.

Some hearings, usually those on procedural matters, are attended only by the attorneys. These could include requests for the other side to provide information or for the setting of certain deadlines. Other hearings, such as temporary hearings for custody or support, are typically attended by both parties and their attorneys and can be very lengthy.

If you and your spouse settle all of the issues in your case, a final hearing will be held, called a prove-up. Either, or both of you, depending upon your situation, will be required to attend this brief hearing. If you are the petitioner, the spouse who filed the original divorce petition, plan to attend the final hearing, unless an agreement is reached otherwise.

If your case proceeds to trial, your appearance will be required for the duration of the trial. In Texas, divorce matters are heard before a judge or a jury. Juries, however, can only decide certain issues and other issues will still be determined by a judge.

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