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Questions about Divorce Court Proceedings

Divorce can be a traumatic experience for most people. Many people are not prepared for the process and may go into the divorce court without knowledge of laws and their legal rights. This ignorance can make the process even more demanding and traumatic. Family Lawyers on JustAnswer can answer any type of divorce court related questions that you may have. Below are five of the top questions about divorce courts answered by the Experts.

Are divorce court records considered public records?

Usually, divorce records are considered to be public records unless they have been sealed by a judge. You can obtain divorce records simply by visiting the Clerk of Courts Office in the county where the divorce took place. Normally, all you will need are the names of the parties listed in the divorce or the case number.

If a person seeks a motion for the rehearing of a case, can they submit new evidence?

Generally, in the rehearing of a case, the court is looking at any errors that have been alleged. You are not allowed to have a new hearing with new evidence. The rehearing is simply to review the original content of the first hearing. However, if you are able to prove to the court by using case law and statutes that the court did not follow the law, the court will usually change the original rulings to conform to the law.

If a person opts for self-representation in a divorce court, can they question the opposing attorney and dispute documents that are furnished?

When representing yourself in court, you are not allowed to question the opposing counsel and you cannot put him/her on the stand unless they are an actual material witness. If the opposing counsel was a material witness, he would have to be removed from the case due to a conflict of interest. In order to dispute any documents that may have been submitted by the opposing counsel, you would need to have your own witnesses to dispute the documents.

In divorce court, can previous motions or other court documents be used or do they need to be introduced as exhibits with copies made for the opposing party?

If the previous motions and court documents have been filed with the divorce court, you would be able to ask the court to take judicial notice of them. If you have copies made for everyone, you should make sure to ask the court to also take notice of the items listed in the copies.

Can a divorce court judge divide marital property that has a cosigner on the title who is not in the marriage?

Usually, it is the judge who decides how marital assets are divided. It doesn’t matter if there is a co-signer involved. The judge could decide to make the person who has the co-signer on a title pay-off the property as part of the divorce decree. Upon the property being paid off, the party with the co-signer would then have to sign the property over to the other party.

Divorce court proceedings can be frustrating for those who have never had to deal with the court system. You want to know your rights and what actions to take before you appear before the judge. During a divorce, your friends and family will tend to offer opinions and solutions. This isn’t the right time to follow up on friendly ideas. You need the experience and insight of a professional. When you have doubts and need answers, you can ask Family Lawyers on JustAnswer. The Experts offer solutions to your individual problem in an efficient and knowledgeable manner.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9402
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
5 Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Divorce Court Questions

  • My husband is court ordered by divorce decree in Maricopa County

    My husband is court ordered by divorce decree in Maricopa County Arizona to pay for a student loan that is in his ex-wife's name ONLY. The Ex took him took court November 20, 2014 for contempt because he had not paid on the loan from the date of the final divorce decree in 2007 because he lost the divorce paperwork while moving and did not have the account number to the loan. His ex-wife had taken out multiple student loans without her now ex-husband's knowledge that where revealed during the divorce. My husband wasn't sure when he called Navient back in 2007 which loan was the correct loan for his son without the account #. His ex-wife filed false police reports after their divorce and was extremely verbally aggressive the few times she contacted him by phone, going off on a rant before he could get the account number forcing him to hang up and avoid her calls. My husband immediately made a large payment on the loan when he received the court paperwork for the contempt because he now had account #. My husband represented himself at the court hearing and the judge ordered him to pay the next 27 payments because his ex-wife's attorney claimed that she had paid 8000.00 already, then they are to split payments until paid off. I was able to ask the judge before he left room if since my husband has no access to her student loan account because it is in her name only that he be sent the Navient statements and payment reminders by his ex-wife each month. The Judge agreed that my husband had a right to have that information sent to him. Here is one problem: because I could not see the paperwork my husband was handed I did not realize there was no evidence provided about the loan history and past payments to show that his ex-wife actually paid 8000.00 on the loan. We were required to send his ex-wife's attorney his e-mail and mailing address so a letter was generated on the 24th of November with that information and also requesting the loan history with all past payments. His ex-wife responded that the information was provided at court. All my husband was given was the current loan bill due with blank pages of loan history. This is what was sent in the next letter on the 23rd of December: "Regarding the loan documentation I am requesting, that I allegedly received at court on November 20, 2014, that your client speaks about in her December 3, 2014 e-mail; I was in no way given any documentation that shows the payment history on this loan during court. The only thing that I received at court on November 20, 2014, was the November statement with a blank page of loan information and loan details. I am again requesting, as I did in my November 24, 2014 letter, that I immediately receive documentation about the entire history of this loan to include all past payment amounts. Since I am legally responsible for paying this loan, yet have no access myself to obtain the loan details and payment history, I have a right to request this information from your client and expect to receive the information without delay in a blank e-mail before the next payment is due on the loan."
    If she does not provide the loan payment history how do we proceed??? Do we have a right to this information to see that 8000.00 was actually paid by his ex-wife if so how do we get it if she will not comply???
    We also had to address another issue with his ex-wife in the 23rd of December letter: "First, the address for mailing provided to the court is the exact same address that has been provided to you and your client in the letter dated November 24, 2014. I provided my current mailing address to the court on November 20, 2014, therefore, if the court had mail returned to them perhaps someone forgot to address the envelope, as my address does not appear on the copy of the envelope that was forwarded in the court documents in the e-mail sent today, December 23, 2014. If you send out an envelope with no address of course it will be undeliverable. To infer that I would provide a bogus mailing address to the court is an absurd accusation without merit, as you have made an assumption and not verified with the court that I actually provided a bogus mailing address. Please provide a copy of an envelope that was sent to the bogus address that is allegedly undeliverable. I received another court document regarding the ruling of contempt from you at my current address on December 18, 2014; that is the same address listed with the court on November 20, 2014, in the letter sent to you on November 24, 2014 and again provided above."
    This bogus address info came to us in an e-mail from her attorney sent to her in email then forwarded to us from her. She is now threatening that if we send anymore letters to her attorney she will pursue attorney's fee's??? Can she do that given the circumstances above (loan docs and defense) that we have had to contact attorney under??? There is also a harassment issue again too now she has my husbands e-mail???
  • my ex wife use my health insurance ID after we was divorce,

    my ex wife use my health insurance ID after we was divorce, she knew she could not use it, now I got a explanation of benefits for 25 thousand dollars after the divorce just for her.
    I wonder if I can suit her for fraud, or I can ask the court to she to pay the amount that the insurance company pay for her, I mean total expense on her, I should be entitle to ask for it since is my health insurance and she use it as a intent to committee fraud.
    she filed a court contempt asking me to pay some arrears child support, and alimony I am going to jail, but how can I ask the court to she pay what she illegally use of my health insurance
  • Im the only parent on my child birth certificate. And i want

    Im the only parent on my child birth certificate. And i want to move to another state to be with my other two kids. I am taking my son and moving to the other state tk be with my two other girls ... as of now will i get in any trouble for doing so? And how would that work? The reason why my two girls arent living with me at the moment is caused by sexual abuse allegations towards my sons father .....
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