It is quite difficult to set aside emotions during a divorce proceeding. Because of this, an individual is almost always driven by his or her impulse to take immediate action without putting serious thought to it. As a result, it eventually leads to further conflicts and problems. In order to avoid having a complicated divorce, here are some tips to help you prepare for your case.
About Recording Conversations
Never say or do anything that you would not want the court to know about. Bear in mind that in a contested divorce, you must always assume that any statement you make is recorded which includes telephone calls and answering machine messages. It is lawful to record any conversation that you are involved in, in most states. These recordings are acceptable in court. On the other hand, it is illegal to record a conversation that you are not involved in. For instance, if you put a recorder on a telephone to capture conversations between your spouse and another person, it is considered a felony.
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Talking to the Opposing Counsel
If you are represented by a lawyer, opposing attorneys may not speak with you concerning the case. Also, you must refer them to your lawyer if ever they will call you. Likewise, you should not call them even if your attorney is unavailable and even if you consider it as an emergency situation.
Talking to the Judges
Unless it is part of a scheduled court hearing, both parties may not speak with the judge or give any written correspondence. It is prohibited to communicate with a judge without the other party present. If there is no pending motion pending before the court, you may make an objection to any correspondence from the other party to the court.
Keep a Parenting Diary
In a custody case, it is essential to keep a diary that includes the events that happen related to the care of your children such as your child’s daily routine, who takes them to the doctor and school activities and the like. You may also list any concerns regarding the parenting of your future ex-spouse including the disciplinary method, drug and alcohol use, disabilities or neglect. Preferably, such records must be hand written.
Secure Documentation
It is essential to secure documentation to verify or support your statements. For instance, if you want to prove that you are the primary caretaker of your child, reports from doctors or teachers may document your attendance at parent-teacher conferences or taking the child to the doctor. If domestic abuse is an issue, you may document police calls to your residence, police reports or orders and other related information.
Taking Photographs
Aside from obtaining necessary documentation, you may also take picture or videos of your personal property, real estate and the like in order to make a complete record of your belongings and the physical status of your home.
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Do Not Involve Minor Children
Do not involve minor children in the divorce proceeding because this may emotionally affect them. It is not appropriate to show your children court documents and to blame the other parent in the child’s presence.
