Scroll to top
© 2018, Law Parlor theme by Xohaib, All right reserved.

Divorce and the Role of the Court

Admin - September 24, 2017 - 0 comments

Most people will tell you that having to make a court appearance for any reason is no easy feat however, appearing in a family court setting can really be trying if you don’t understand the inner workings of the system. When you are going through the process of a divorce, you may have to make several appearances in family court which is why it is important to secure any divorce attorney services rochester mi to help you navigate through the system of the court. 

The Differences Between Family Court and Other Courts 

Family court proceedings differs from other courtroom proceedings because the subject matter being handled is of a personal nature. There are some couples who divorce with little to no fanfare and upheaval, but that is far from the scenario the average couple experiences. If you are divorcing and you allege abuse you have to be prepared and able to counter the attacks the opposing party will levy at you. In many cases the parties who allege instances of abuse leave the courtroom feeling they have been victimized once again. It is important to note that in family court proceedings both parties are presumed to be law abiding citizens who are on equal footing. The judge just sees the parties involved as two people who happen to be disagree over a matter involving their family. Although the victim of abuse has the burden of proving what they allege through visible marks, bruises and or medical records, the victim is also required to defend themselves against the alleged abuser’s accusations. It should be noted that the family court system was not designed to deal with criminal behavior or protect against it. 

Judicial Discretion 

Family court judges have the unilateral authority to make decisions regarding the type of evidence they will allow, how that evidence is to be evaluated, and whether or not there is anything that could be done to remedy the issue. It should be understood that the judge overseeing a family court proceeding has the authority to either take action, or do nothing in regards to the matter presented before them. This is why it is important to seek an experienced divorce attorney to help you understand every aspect of your case. 

Experience Goes a Long Way 

There is nothing in the law that requires people to have an attorney represent them in family court. There are some things that can be handled by people who are not a part of the legal profession like requesting an order of protection for example. If you are going through a contested divorce or a custody battle you should seek the services of a skilled attorney to strategically plan your case so the judge will have some guidance in regards to how to settle your case. The courts prefer to have the parties and their representation come to an agreement, and in most cases will approve the settlements presented. Another reason to hire a good divorce attorney is they will present your case, but take their emotions and personal opinions out of the equation and keep you focused on the elements of your case as well.

Related posts