5 Ways You Can Get Yourself Ready For Your Final Divorce Hearing - By: Lucille Uttermohlen

It is important for your lawyer to be prepared for court. He should be comfortable with the documents that prove your case, and what to ask the witnesses who are going to testify. However, like a good patient should understand his illness to better effect a cure, you should be ready for court as well so that you can help protect your interests.

The most important thing you can do is have the same file as your attorney. Keep the originals of all of your documents, and index them so you can find them. Follow along with the testimony, and be able to point things out that disprove your spouse's side of contested issues.

Here is a list of some of the documents you should make sure you and your lawyer have on hand:

1. Mortgage agreements, real estate sales contracts, deeds, amortization schedules, property tax receipts, insurance premiums, real estate appraisals, and repair estimates. The judge won't be able to make a good decision about your real estate unless you can show what it is worth, how much is owed on it, and what repairs it will need before it can be sold. This is true whether or not you plan to keep it, sell it, or fight for it because your spouse wants it too.

2. Titles to vehicles and appraisals showing their current value, estimates of the costs of any needed repairs proof of insurance and its cost may help the court decide who should keep what car. You should plan to keep the car you usually drive. If one of the vehicles is worth more than the other, or the debt attached to it makes it worth less, you may still have to convince the judge that the order you want him to make is the right one.

3. The tax returns and W-2s for both of you, documents showing the value of savings accounts, checking accounts, stocks, bonds, certificates of deposit, IRA accounts, pension plans, 401k plans or other retirement accounts, inheritances, or other money accounts. Again, the judge needs to know what these items are worth and where they came from to make a fair division of property. If you have documents that tell the story, you will have better evidence to prove your point than if you just testify to what you believe.

4. If you can show what personal property you and your spouse have, you are more likely to get your fair share of it. Make a list of your furniture, furnishings, household goods and personal effects. Take pictures or video if at all possible. If any of this property is valuable, get it appraised. If not, just estimate what its garage sale or auction value would be.

Clearly show what items you want to keep, and what items you would propose to give to your spouse. Again, the judge's ability to make a decision will hinge on what information is provided. If you have these clearly set out, you make it easier for the judge to justify ruling in your favor.

5. Have original statements for any bills of your marriage, no matter who you think should pay them. Include credit card statements, mortgage payments, car payments, installment purchases, doctor bills, monthly prescription expenses, money judgments, utility bills, and anything else that can help the judge figure out how much money you have to spend each month to survive. This information could be highly relevant to what bills you are ordered to pay, and what bills are assigned to your spouse. If issues like child support or alimony are to be considered, it could be very important to prove to the judge what you already have to pay.

You are right if you think your lawyer should be doing these things. After all, you hired her to present your case for you. However, your lawyer and the judge have only a limited time to get to know you and your case. No matter how hard they work for you, or try to protect your interests, there is only so much they can do just by asking questions and reading papers. When you make sure you know your own business, you are going to better be able to make sure they mind it well for you. The better you prepare to protect yourself, the more likely it is that you will get the results you want from your divorce.

Copyright (c) 2010 Lucille Uttermohlen

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