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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: 9139
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
11 Family Lawyers are Online Now

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Recent Divorce Court Questions

  • Quick question: my husband and I are separating, likely to

    Quick question: my husband and I are separating, likely to divorce within the next year, but we want to separate first to give us all time to ease into it, figure out impact and custody arrangements for our child. We would like to go ahead and refinance our mortgage in my name alone, and use the equity so that my husband can purchase a condo so he's not throwing away money on the rent. We live in Texas, and I spoke with one mortgage company that has told me they can't refinance in my name alone while we're still married. He'd be willing to cede title of the house to me and I'd be willing to cede title of the condo to him, but is this something that we can do while we're still married? How would that impact property division during the actual divorce?

    I forgot to mention, we purchased the current house the week before we were married.

  • I have a Civil Action Agreement to be used for future consent

    I have a Civil Action Agreement to be used for future consent order in superior court of nj chancery division family part morris county NJ. Drawn up from TRO's being dismissed on myself and ex-girlfriend. This agreement states "parties to cooperate with paternity test within thirty days after the birth of the baby" (I was not contacted and found out baby was born on Sept. 27th) also states "arrangements will be made through Plantiff's father for a mutually convenient date/time for defendant to meet plantiff's baby after the birth and prior to the paternity test results being furnished" Her father is activing as intermediary bwtween us, he has not reached out to me and I do not have his phone number. It also states Plaintiff will file the complaint and submit this consent order for filing upon the birth of the baby" (Does this imply she will file a order to have the paternity test setup?) It is 7 days away from the 30 days after birth of child to cooperate in paternity test. I'm sorry but I can't afford a lawyer but her family can and I don't know how to proceed. I am desperate to meet and bond with this child if mine..........
  • I have a custody order through Florida courts. I live in California.

    I have a custody order through Florida courts. I live in California. Can I filed for full custody in a California court or do I have to go through Florida court?
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