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Divorce Tips: Know Your Rights! – Family Law Attorney

Any formal plea heard before the court can be accepted or denied by the judge. The term “Judge’s Prerogative” refers to an exclusive right possessed by an individual or organisation, particularly a hereditary or official right. The authority to show compassion, which has two components: the power to award pardons and the power to grant nolle prosequi, is the most well-known prerogative power that affects the legal system (“be unwilling to pursue”). Linked here Jensen Family Law – Mesa
However, the application of prerogative in contested divorce proceedings is likely the most common. A family law practitioner, for example, can submit pretrial motions in which the judge exercises his or her discretion in deciding the merits of the case. In this scenario, following a few easy “do’s and don’ts” will help you get a better result.
Negotiate ahead of time and make reasonable demands.
It’s astonishing what judges will permit if all parties agree, even if the agreements aren’t expressly permitted by law. In other words, if you don’t alienate your soon-to-be ex and keep your requests realistic, you’ll have a better chance of getting the items you want. However, pre-trial “give and take” agreements may be possible, but the court isn’t interested in weighing intangibles like pets and other personal belongings, so sort out the peanuts beforehand!
Stay away from confessions on the internet.
Although it may be helpful to share your thoughts and feelings on the Internet, stay away from discussing your case! Guess who else has access to the information you put out there for the world to see? The attorney for your spouse, as well as anyone else tasked with gathering evidence against you, like as a private detective. Furthermore, such feelings are fleeting, and you don’t want to jeopardise your reputation in court. Staying offline when it comes to your emotions will benefit both you and your attorney.
Transparency is key.
Never, ever, ever, ever, EVER, EVER, EVER, EVER, EVER, EVER, EVER, EVER This can include things like lying about marital assets or refusing to take a drug test. Always be open and honest. When you’re discovered lying, it’s difficult for the judge to tell the truth from the lies, and it’s much harder for the judge to believe you when you’re telling the truth. Fight fairly, stick to the facts, and don’t say anything negative about your spouse. The way you conduct yourself as a transparent litigant is possibly the most valuable asset you have.
The Courtroom Isn’t a Battleground
Any family law attorney will tell you that the Court is not the place to hold a contest since determining a winner is neither in the Court’s interest nor within the scope of authority. The Court’s function is to weigh the evidence and make a decision based on those findings. It’s also worth noting that in cases involving children, the best interests of the kid almost always guide all final choices.
Choose your attorney(s) with care.
The inherent risks that come with navigating legal minefields can be readily addressed by choosing the correct lawyer. You can’t change what happened, choose the judge, or change the law, but an experienced attorney can advise you on what to expect and whether or not your case is worth pursuing. In most circumstances, it’s best to rely on references; but, if that’s not possible (for example, if your life is perfect and no one you know has ever needed or hired an attorney), it’s always a good idea to shop about and interview potential barristers. When making a selection after conducting interviews, just like any other interview, go with your instincts.