Facebook Pixel

Divorce Court Mistakes to Avoid

Courtroom with ScalesGoing through a divorce can be an extremely emotional and frustrating experience because clients are often attacked on almost every front, from their career performance to their physical qualities. Just about anything is fair game to bring up in order to show the court why a spouse doesn’t deserve everything requested.

It should come as no surprise that the opposite side is doing the same, so two people who used to be very close can become very angry by the personal attacks used. Unfortunately, personal information and presentation are regular tools used in divorce cases, and clients who respond emotionally to the prods and irritations of the opposing counsel can do themselves a lot of damage at trial. David Pedrazas is an expert divorce attorney who can help you avoid these common divorce court mistakes.

3 Common Divorce Court Mistakes

Clients who don’t think ahead about their behavior will often jeopardize their divorce case without realizing it. Here are three common situations:

  • Being Too Talkative – Typical human nature often leans towards trying to give as a full an answer as possible to a question. Unfortunately, just about everything a person says in a trial can be used against him. So going above and beyond when answering a question in a deposition or trial is a mistake. All that should be provided is the basic answer and no more. Your attorney will do most of the talking regarding your argument and presentation. Your only need is to be a witness. So the more you say, the more information you provide the opposing counsel to use against you.
  • Anger Management– Losing control or getting outwardly angry doesn’t win any points. It might make you feel better in the moment, but it won’t make your legal case any better. Your attorney could also be directed to control your outbursts if disruptive to a proceeding. As frustrating as the divorce proceeding can be, self-control is critical. An outburst of anger will just irritate the court and will likely be used by opposing counsel to show visual proof that you as the “bad” spouse has anger management issues that contributed to a bad marriage and the dissolution.
  • Bad Communication Timing – Insisting on talking to a spouse in the court house hallway outside can be misinterpreted as threatening or intimidating the other person. Courthouse security personnel are already hypersensitive to emotional outbursts and angry people because trials tend to involve conflicts. Any sign of an irritated person or loud statements of refusing to talk are likely to get attention, and the court doesn’t look kindly on a divorce party who gets on the bad side of the courthouse security, which will get reported to the court.

Presenting Yourself and Your Case Appropriately

Of course, just as there are ways to handicap a divorce case, there are ways to make it look better, and come across favorably. Clearly, maintaining a calm persona is a key expectation for every client. However, being prepared for the trial also goes a long way as well. Judges are not fond of witnesses and parties who take a long time to answer questions or cause delays. Instead, clients who answer clearly and concisely, stay calm in the court room, and are prepared for the trail process often give a superior impression to a judge. And that’s a critical factor given that it’s the judge, not a jury, that decides most divorce cases.

Contact the Offices of David Pedrazas Today

David Pedrazas has handled dozens of Utah court cases and divorce clients in court, and his 15 years of experience are invaluable in obtaining a successful case outcome. Because Pedrazas and his team handle all types of family law, he is able to incorporate multiple aspects of law and family issues into a divorce presentation. This is essential in complex cases with additional issues, such as child custody and related support for example. To schedule a free consultation with the Law Office of David Pedrazas, you can contact us online, or call 801-263-7078 for more information.

Download a PDF Version of This Page Here