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10. Do not talk to your spouse in court unless there is some reason why you need to (scheduling the children, for example). Usually there's just too much emotion for communication. |
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Family Court versus Civil Court |
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Whether you go to Family Court is largely dependent on what state you live in and how far you have gotten in your case. In some states, you have to go to Civil Court if you want a divorce. In other states, all family-related matters may be handled in the Family Court. |
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In general, Family Court may be a little more relaxed because many more people handle their own cases without a lawyer. The good news is that the courtrooms, whether by design or through lack of funding, may be much smaller than a regular courtroom and may feel less intimidating. The bad news is that while you wait for your case to be called, infants may be screaming all around you, and, depending on where you live, many cases may be ahead of yours. |
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Civil Court, on the other hand, tends to be quieter, less congested, and feels more professional. |
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Despite these outward differences, how the trial proceeds depends more on the judge than the courthouse. Some judges are very strict about the rules of evidence; others are more liberal. Some judges are very formal, wearing black robes and requiring you to rise when they enter the courtroom. Others are more relaxed and may not even wear a robe. |
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Deciding to Appeal: Is It Worth It? |
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As with so much in life, the answer is It depends. |
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If the issue is critically important to you, AND your lawyer tells you that you have a reasonable shot at getting a reversal on appeal, AND you can afford an appeal, AND you have the emotional fortitude to continue the lawsuit, you probably should appeal. |
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On the other hand, if the issue is critically important to you, BUT your lawyer says you have virtually no chance of winning on appeal, AND you'd need to mortgage what's left of your share of the house to appeal, you probably shouldn't appeal. |
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Not only is an appeal expensive because your attorney has to do legal research and then write a brief, but usually you need the entire transcript of the trial. Depending on how many days the trial lasted, that alone could cost thousands of dollars. Then, you usually need to supply the appeals court with several copies of the transcript and the brief, adding hundreds of dollars more to your costs in photocopy fees. (Some jurisdictions have procedures whereby you can save money on the transcript or photocopying if you meet certain low-income requirements.) |
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