December 2003/January 2004

Going to Court

What not to bring to the Courthouse:

• Kids—Unless otherwise ordered.
• Too many relatives—One support person should be sufficient.
• Any person who has trouble sitting and waiting for several hours.
• Impatience—your case will probably be scheduled at the same time as 15 other cases.
• Mobile phone—okay to bring but be sure it is OFF before bringing into courtroom.
• Gum
• Shorts, halter tops, clothes that are revealing, ripped or stained.
• A bad attitude or chip on your shoulder

What to bring to the Courthouse:

• A folder of your papers received from you lawyer.
• 3 copies of the last 2 years’ W-2s, completed monthly expense and income statements, check book, and check register, 12 months bank statements, last 3 pay stubs.
• Book to read while you wait.
• Change and dollar bills for parking meters or parking lots.
• Snack, but no eating or drinking in courtroom.
• Pen and paper
• Photos or evidence you and lawyer have discussed in advance of hearing date (3 copies of each).
• Tissues and cough drops if you are sick.
• List of questions for your lawyer.
• Outline of questions your spouse or her witnesses should be asked.

Why Get Temporary Orders

In a contested divorce it usually is a good idea to get temporary orders made to cover the time between filing for divorce and completion of the divorce. Temporary Orders cover terms regarding the children and property. To obtain temporary orders you request temporary orders in the original petition, get a hearing set, and then have a hearing or negotiate the temporary orders.

At the hearing the associate judge for your court will make temporary orders covering the period between that hearing and the date the divorce is obtained.

The items decided in a case with children involved are:

1. Temporary conservatorship—which parent will designate the primary residence of the child;
2. Temporary assignment of parental rights between the parents;
3. Possession schedule for the non-primary parent and where exchanges will occur;
4. Child support to be paid.
5. Who will provide health insurance for the child and who will pay uninsured health care expenses;
6. Whether a social study is necessary.
7. Whether access facilitation is necessary;
8. Whether drug tests should be done that day.
9. Who will stay in marital home;
10. Who will have possession of furnishings;
11. Who will pay which bills;
12. How a family-owned business should be conducted;
13. Should parents attend parenting classes;
14. The deadline for the Inventory to be provided to the other party. (The Inventory is a list of assets owned by the couple);
15. Should mediation be ordered;
16. Who may use which assets;
17. What property may be put up for sale.

Other orders may be made, and temporary injunctions may be put in place to protect property from liquidation or other wrongdoing, and to order parties not to harass each other. Discuss with your lawyer whether temporary orders are appropriate in your case.