Blog - Vacaville Attorney

Vacaville Legal Problems? How David Knecht Law Can Help with Criminal Defense

Are you looking for the best criminal defense attorney in Vacaville? Do you need the best DUI attorney in Vacaville?

The seasoned attorneys and staff at the Law Office of David Knecht have the experience, knowledge and gumption to fight for you no matter how small or serious your criminal charge may be.

David Knecht was a police officer and detective for over 13 years before becoming a lawyer, so he knows the system inside and out.

At David Knecht law we take the time to thoroughly analyze your case:

to understand who you are, including your personal situation , past history, physical condition and every other factor that my help us to prepare your defense

to listen to what were the circumstances of the arrest, to analyze what was said and done, and look for weaknesses in the case against you

to discuss the police report, the police questions, the tests or procedures that may have been performed.

At David Knecht law, we have had successful outcomes in representing clients in a variety of type of cases

Looking for an attorney in Vacaville to represent you for a theft or fraud charge? Mr. Knecht has represented clients accused of identity theft, possession of stolen property, fraudulent use of credit cards, grand theft, petty theft, auto theft, embezzlement and more. You can trust that he has experience.

Looking for an attorney in Vacaville to represent you for assault and battery? Whether you are looking at assault with a deadly weapon, domestic violence, robbery, gun crimes, etc., Mr. Knecht will represent you with knowledge and confidence.

Looking for an attorney in Vacaville to represent you for drug offenses? Whether you are facing illegal possession or sale of cocaine, methamphetamine, marijuana, prescription drugs, Mr. Knecht understands these charges and how to defend them.

Looking for an attorney in Vacaville to represent you for sex offenses? Mr. Knecht’s experience working child and adult sexual assault cases gives him unique insight into these offenses and how to assist clients in seeking reduced or dismissed charges.

Whether you are looking for an attorney to assist you in defending theft, fraud, assault and battery, possession of drugs, sale of drugs, DUI, or some other crime, look no further than David Knecht Law.

Filed Under: Criminal Law, Vacaville Attorney, Vacaville Lawyer

3 Reasons Smart People Hire a Lawyer After Getting a Criminal Charge

A criminal charge is likely to affect both your freedom and your bank account. You may be aware that jail time is a possibility, but do you know how much jail time is common for your offense? Do you know the fines typically involved? Can you anticipate what counseling or classes might be involved?

One thing you may not know is that even attorneys typically don’t represent themselves in criminal cases. There is value in having someone else look at the facts and represent your interests. This article discusses why smart people hire a lawyer to represent them in a criminal case and how to best utilize your lawyer to defend you.

Evidentiary Defenses. If you are thinking that you are guilty because you did the thing that you are accused of, then you aren’t thinking like a lawyer. Attorneys know that it is the government’s (city/county/etc.) burden to prove that you are guilty beyond a reasonable doubt. Just because you did something doesn’t mean that the other side can prove it. Furthermore, you have a right to be secure against unreasonable search and seizure. How this translates to your criminal charge is that the police have to use legal means to stop you and search you. If they fail to stop or search you properly, then the evidence that they find can’t be used against you. At attorney knows these rules and can assist you with evidentiary defenses.
Plea Bargain. If you are planning to enter a guilty plea, an attorney can help you get a fair plea bargain. A lawyer who regularly practices criminal law in your jurisdiction will know what to ask the prosecutor for and what the best approach for that particular prosecutor is. Often, jurisdictions have standard plea bargains, so you will want to be represented by someone who knows what those are and can ask for at least that bargain or better.
Confidence. Hiring an attorney will give you confidence and prepare you for what will happen. The legal system is complicated, and you will benefit from having an experienced guide to help you navigate the system. Your attorney will know what needs to be done and how to do it. He or she will stand by you if you enter a plea or face the court to receive a sentence. Your attorney can speak to the Court on your behalf, so that the right things are said.

Evidentiary defenses, plea bargaining, and imbuing you with confidence are just a few areas where an attorney can provide value. Be sure to ask your attorney questions, be proactive in assisting your attorney to develop a strong defense for you, and follow the advice of your counsel.

Filed Under: Criminal Law, Vacaville Attorney, Vacaville Lawyer

Thinking About Getting a Divorce? 10 Essential Steps for Planning Ahead

If you are considering a divorce, it never hurts to plan ahead. Read below for the 10 essential steps you won’t want to miss in preparing for divorce.

Document everything you can find about money coming in or out from your spouse’s side. If you are in the dark about your spouse’s sources of income or the amounts, start nailing that information down. Pay attention to anything your spouse tells you about income or debt, and document that information with screen shots if possible. Check your credit card statements. Find out about employer benefits that your spouse may have, such as 401K or HSA accounts. Think outside the box to assets your spouse may hold that may not be as obvious, such as a large number of frequent flyer miles or a side business with his or her family that brings in a certain income.
Get organized about money coming in or out from you own side. You likely have a general idea about your own income and debts, but you will want to save that information in an organized manner. Do you know where your tax information is? Refresh your records on your savings accounts, investment accounts, etc.
Prepare your information in a place that will be easy to access after the divorce. After you have documented information about your collective finances, you need to save it in a place that will be easily accessible, such as your workplace or in the possession of a family member. Even where both parties are civil, keeping this information in a neutral place will avoid the potential for uncomfortable situations.
Get property valued before the divorce. Getting a valuation of property may be valuable down the road, but your ability to do or the value in this information highly depends on the types of assets involved and their value. Some ideas to consider include: Taking the ring into a local jewelry store for assessment. Asking a car dealership the trade in value of your vehicles. Obtaining an appraisal of the home.
Update your job resume before filing. If your spouse provides the financial support for your family, you may want to consider getting additional job training or education before filing. You may not end up receiving as much support from your ex-spouse as you need, so being able to step into the job market will empower you.
Look at the date you are planning to file. The timing of your divorce can be important in some cases. Is your spouse expecting a large bonus or promotion soon? Do you have a large financial obligation pending, such as a house under contract as buyer or seller? Is one of your children approaching their 18th birthday? Consider everything before deciding when to pull the plug.
Plan ahead for health insurance. If your insurance is through your spouse’s employer, you may want to see what other health insurance options will be available to you. You may be able to find options that are less expensive or you may be able to find employment where you can get health insurance benefits on your own.
Consider what you value most. It’s a good idea to think ahead and decide what you value most and what you want to fight for, so that you can advise your attorney on what success looks like for you in the divorce. Do you want to stay in the family home? Do you care about the timeshare? Think ahead logically. One mistake often made in divorce is that the parties get caught up in the anger and spite and spend a lot of money on an issue that they don’t care about that much. Before the fireworks start, think about what you must have and what you can give up.
Don’t assume that something is your because it is in your name. You may think that because an asset is in your name that it can’t be divided up in the divorce, but that often is not the case. When you are looking at your financial landscape, consider that assets and liabilities are likely to be taken into account regardless of the superficial designation of ownership.
Seek professional advice. Even if you haven’t decided for sure whether you want to leave the marriage, you can seek advice from an attorney on how to plan ahead financially in the event that divorce is the right decision for you.

Filed Under: Divorce Lawyer, Legal Advice

Never Do These 5 Things after Being Charged with a DUI

If you’ve been charged with a DUI, you certainly have many worries and concerns about what you should and shouldn’t do. This article will walk you through a list of actions you should avoid at this critical time, so that you can be in the best position to resolve your case as favorably as possible.

Don’t panic or give up. A DUI can be one of the most stressful events in your life, so it’s understandable that you might panic or want to give up on all the good things you are doing in your life, like work or fulfilling family responsibilities. Hire a great attorney as soon as possible and let your attorney guide you through this experience. Ask your attorney a lot of questions, so that you understand the process. Don’t berate yourself for what can’t be changed and focus on problem solving in the future.

Don’t delay in hiring an attorney. Don’t delay in hiring your attorney because you will have a DMV hearing typically prior to the resolution of your DUI case in court. After an arrest for DUI, the officer is required by law to immediately forward a copy of the notice of suspension or revocation form and any driver license taken into possession to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer’s report, the suspension or revocation order, and any test results. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order, and your attorney can assist you in the DMV hearing.

Don’t drive on a suspended or revoked license, don’t get another DUI, and don’t commit any other crimes. Although it seems fairly obvious that you shouldn’t drive on a suspended or revoked license or commit any other crimes, it is somewhat common for defendants to slip up in this area. This is a risk you do not want to take. The penalties are enhanced for subsequent DUI offenses. Plan ahead. Look at public transportation or find someone to drive you to work so that you don’t get in a situation where you feel forced to drive on a suspended or revoked license. If you are attending an event or party, make sure that your keys are safely out of your reach and that you are prepared to take a cab or Uber. Discuss with your attorney and your family the strategies you will employ to avoid getting in trouble.

Don’t post publicly on Facebook or Social Media. Consider changing your public social media accounts to private. Do you have pictures of yourself with a drink in hand on the night you were arrested for the DUI? You can’t destroy or delete evidence, but you are not under obligation to keep your social media account public. Also, refrain from posting any new information about the DUI. Consult with your attorney about information on your social media accounts, as he or she will be in the best position to advise you how pictures or posts may impact your case.

Don’t forget to write down what happened right away. Your memory is best when it’s fresh, so take the time right after your DUI to sit down and write everything you can remember:

When, where, and how were you stopped?

What did the officer say when he stopped you?

What did you tell the officer?

What type of tests did you do?

How did you perform on those tests?

Was a breath test administered? Where, when and how?

Was there anything that impacted the tests? busy traffic, health impediments, etc.

In sum: The most important step you need to take right now is to relax and look to building your case by finding a good attorney as soon as possible, avoiding escalating your problems with other offenses, being aware of your public posts, and recording your recollections as soon as possible to assist your attorney in providing an excellent defense for you.

Filed Under: DUI

How to Take Charge of Your Custody Battle Without Losing Your Mind

If you are like most parents, your kids are the most important people in your life. They are adorable and irreplaceable, and you would do anything for them. If you are going to battle with an itinerant ex-spouse to determine the fate of your precious ones, then you need every arrow in your quiver possible. This guide will help you understand the what you need to do to be successful in a custody battle.

Understand the rules of the game. Courts have broad discretion to protect the best interest of the children, which includes each child’s health, safety, education and general welfare. Courts can take into account any number of factors such as the following:

evidence of abuse or neglect,

the age of the child

sibling relationships

degree of attachment between parent and child

Courts cannot take into account the gender or race of the parent. One parent’s financial ability can’t be the sole factor in a custody decision.

Be your best self. During a custody battle, you actions and the words that come out of your mouth will be under a microscope. Be careful of the way you behave with the ex-spouse and also with the children. It goes without saying that any type of threatening or violent behavior should not occur, but also you should proactively behave as if the judge were observing you at all times. Speak courteously to the ex. Try not to take unreasonable positions. When you are with your child, give them your quality time. If there are ways you can make yourself a better parent through overcoming addictions or seeking more education, look to improving yourself as a parent. Taking the high road is not only the right thing to do, but it will give you an edge in getting the custody you seek.

Pinpoint Areas of disagreement with the ex-spouse. In any legal case, you need to put yourself in the shoes of the opposing party. Don’t just get frustrated with what they do, but look deeper to try to understand why. If you can get to the why, then you will be one step closer to finding a resolution that will be acceptable to both parties. If the issue is unresolvable, then by understanding your ex, you will be better able to fight them in court. For example, if your ex-spouse wants a different schedule, look at why he or she is taking that position? Is there a work schedule reason? Is there a grandparent or otherwise, whose schedule is playing into your spouse’s mindset? If you can get beneath the surface to understand your opponent’s arguments, then you have a better chance of a successful outcome.

Gather evidence and document everything. Your word that the other person is a bad parent is not as convincing as solid evidence. If a child care worker, neighbor, teacher has observed your ex-spouse abusing or mistreating the child, then have them document that observation. Consult with your attorney on the best way to preserve this evidence, but don’t pass up the opportunity to memorialize important evidence. If your spouse has sent you malicious emails, organize those in a file for your attorney. If your spouse has posted damaging comments on social media, screen shot that information and share it with your attorney. It takes extra work to be organized and document everything, but in many cases that time in preparation pays off.

Consult with professionals. If you feel your children are suffering from the custody battle, don’t hesitate to get them counseling. If you need someone to talk to, turn to a trusted friend, look into community resources for counseling, or find a professional counselor who can help you. It’s not uncommon to have a high stress level during a custody battle, and you can seek help. Hire an attorney that you trust and who will be zealous in advocating your interests.

Filed Under: Divorce Lawyer, Family Law

3 Ways You Can Help Yourself in Your Upcoming Divorce Hearing

Whether you have an attorney or are representing yourself, you want to be prepared to have the best possible outcome in any divorce hearing. This article will discuss three steps that are always important in preparing for any court appearance:

1. Know Your Goal. You need to understand what the purpose of the hearing is and clearly identify your goal for the proceeding. Emotions often run strong during a divorce, and sadness and anger are almost inevitably going to occupy the minds of both parties and take your focus away from getting what you want. To achieve a successful outcome, you need to think through your strategy:

What options are likely to be an outcome of this hearing?
How does this hearing play into your overall strategy for getting what you want in the divorce?
What would a third party consider fair?

If you have a good idea of what will be accomplished in this hearing, then you can do your part to keep on track and laser focused to achieving your ends.

2. Get Organized. Your anxiety will be less if you know when and where you need to be in court and what will happen. Leave plenty of time to get there. Arrange for child care in advance if you have children. If your attorney has requested any documents, get them to him or her well in advance of the hearing date. If you are representing yourself, make sure you have identified what you need and bring several copies of each document. Here’s a short checklist:

3. Look and Behave Professionally. Impressions are very important, and even if you are represented by counsel, you want to look and act professionally. The judge and/or staff will make unconscious judgments of your clothing, appearance and demeanor. Wear attire that would be presentable for a business or business casual setting and something you feel comfortable in. Be wary of showing any hostile gestures: speak calmly and avoid glaring or sarcastic looks.

Knowing your goal, getting organized and looking and behaving professionally are simple tips that are easy to implement, but they will help you succeed in having a great outcome at your hearing.

Filed Under: Divorce Lawyer

5 Things Most People Do Wrong When Selecting an Attorney

You know that your decision about legal representation is very important not only for the outcome of your case, but for your emotional and mental well-being in the process. In your quest to find the best person for the best price, make sure that you don’t fall into these 5 pitfalls of mistakes people often make when selecting an attorney:

Not asking Enough Questions

People often fall into one of two categories: Either they are a little intimidated by the legal system and afraid to ask questions, or they want to appear confident and knowledgeable, and so they don’t reach out with questions. Don’t fall into this trap. You need to ask questions, take notes, and make sure you understand every aspect of your legal representation. Remember to ask:

Who will be handling my case?
- The partner or an associate?
What experience does this attorney have in this particular case?
Would you consider it a complex or simple case?
How will I be billed?
Can you estimate the cost of this matter?
What is the most effective and cost efficient way to communicate with my attorney?
- Phone calls, emails, coordinating with staff?
What evidence will need to be preserved and how should I preserve it?

Failing to Examine Other Clients’ Results

Each case is unique, and a good outcome for another client doesn’t necessarily guarantee a great outcome for you because the facts and circumstances are different. However, it is important to see what results other clients had to give you an idea of the level of experience an attorney has, and how satisfied other clients were with the representation. A great firm will often post these results on their own website. (See for example, http://www.davidknechtlaw.com/results/).

Not researching the practice areas of the potential attorney.

In medicine, people are generally aware that you should find the right specialist – for example, you wouldn’t go to a podiatrist for brain surgery. You should certainly consider the practice areas of the attorneys you are considering. Many attorneys will list their practice areas on their website. (See for example, http://www.davidknechtlaw.com/practice-areas/). If an attorney doesn’t list practice areas, you should ask how many cases of your type that attorney has handled. You should be wary of attorney who is reluctant to identify practice areas because their reluctance may indicate a lack of experience in any one area.

Skipping over the references.

It is surprising how many people hire an attorney without checking references. You can use social media to crowd source the answer. Some people post on Facebook asking for recommendations. Others contact friends directly who have faced similar legal issues for advice. If you are reluctant to make your search for an attorney public, another good sources of reference is the attorney himself/herself. You can check the website. (See for example, http://www.davidknechtlaw.com/testimonials/). You can also ask the attorney if they would feel comfortable having you talk to a previous client. Do your homework, and don’t forget references.

Choosing based only on cost.

While cost is a factor in your decision-making process, it should not be the only factor. Some people are tempted to go with the cheapest attorney, only to find out that the bill adds up. Others go with the most expensive attorney, assuming that cost correlates with successful outcomes. The reality is that cost should be a consideration, but the attorney’s reputation, references, and experience should all weigh into your final determination as to who is best for you.

Filed Under: General

Looking for the Right Vacaville Attorney? 3 Reasons to Give Us a Call

At the Law Offices of David W. Knecht, we focus our practice on Family Law (including Divorce, Child Custody, Child Support), Criminal Law (including Juvenile Court, DUI), and Estate Planning (including Wills, Living Trusts, Durable Powers of Attorney, and Advance Health Care Directives). Why choose us for your most important legal needs?

1. Your family is important to us. Born and raised in California, David. W. Knecht has been serving and protecting Californian’s for over thirty years. He is invested in the community and cares about each individual client. You will not be lost in the hands of a brand new associate or paralegal staff. You can expect a meeting with an experienced attorney personally to discuss the possible outcomes of your case. In developing legal strategy, we are mindful of offering cost-effective legal solutions. We maintain close communication with clients concerning legal expensive and counsel clients on less costly alternative means. Our mission is clear: fight for you, be available to you, seek the most efficient course of action, and serve you.

2. We know the system. Mr. Knecht has a background that gives him unique insight into the legal system.

We know the law enforcement system: Mr. Knecht worked as a police officer and detective for the cities of Fullerton, Santa Rosa and Vacaville for 13 years.
We know the judicial system: While still in law school, Mr. Knecht worked as a law clerk for attorney Robert C. Fracchia in Vacaville and attorney Daniel J. Healy in Vallejo. Both Judge Fracchia and Judge Healy are now sitting judges in the Solano County Superior Court. After graduating from law school and passing the bar exam, Mr. Knecht worked for attorney E. Bradley Nelson in Vacaville. Judge Nelson is now a sitting judge in the Solano County Superior Court.
We know the legal system. Mr. Knecht has been in practice for over 10 years, and has represented thousands of clients in estate planning, family law, trust and will litigation, criminal defense, restraining orders, and other matters since opening his own office in Vacaville, California in 2007.

3. Experience matters. You’ll want an attorney who has the experience to answer your questions and guide you to a favorable outcome:

Family Law. We understand the stress that family law matters can place on your loved ones and finances. We conduct ourselves professionally to minimize conflict, we seek solutions that are in the best interest of the children, and we help our clients set appropriate but firm boundaries. We remain focused on practical matters and advise you based on our experience of helping hundreds of other families.
Criminal Law. Mr. Knecht defends juveniles and adults accused in the Solano County, Napa County, and Yolo County Superior Courts of all felony, misdemeanor, DUI and other criminal offenses. He has represented over 400 criminal defendants in the last three years alone. He has an excellent record of success and is focused on getting the results you need. You can depend on him to fight for you every step of the way.
Estate Planning. We understand that you’ve worked a lifetime to acquire wealth and protecting and preserving your assets is important for you and your family. Mr. Knecht helps trustees and executors administer trusts and probates, and he will spend time with you explaining the process and tasks involved in successfully administering a trust or probate estate. For wills and revocable trusts, Mr. Knecht will meet with you to discuss your situation and whether or not a revocable or living trust is right for you to achieve goals including probate avoidance, federal estate tax minimization, and greater flexibility in creating distribution plans for specific beneficiaries.

Give us a call today to find out how we can help you with your divorce, DUI, estate planning, or other legal needs. We will listen to you, answer your questions, and provide high quality, experienced representation for your case.

Filed Under: General, Vacaville Attorney, Vacaville Lawyer

5 Telltale Signs You Need A New Lawyer

A great attorney can make all the difference in your case, but a bad one can ruin you. If you keep your eyes peeled to your attorney’s behavior and work, you will know quickly whether you have found someone amazing to represent you or whether you are stuck with a lemon of an attorney. Watch for these 5 telltale signs, and if you see any of these exhibited, you’ll know you need to find a new attorney.

Misses Hearings or Is Tardy. If your attorney is late for court appearances or misses them altogether, his or her behavior is not only unprofessional, but could likely impact your case. One of your attorney’s main responsibilities is to calendar the dates, keep track of deadlines, file documents on time, and be in court punctually to represent you. Failure on your attorney’s part to follow through may be grounds for a Bar Complaint, but at the very least, you should look for someone more dependable.
Treats You With Disrespect. Your attorney will hopefully be very knowledgeable and experiences, and you should give him or her your respect. However, your counsel should also treat you with courtesy and professionalism. If your attorney ever calls you names, dismisses your input, or makes you feel badly about yourself, you should look into hiring someone new.
Offends the Judge or Court Staff. If you notice that the judge or the judge’s staff is bristling at your attorney’s demeanor or if it is obvious that the judge just doesn’t like your attorney, you may want to find someone with better people skills. The judge’s perspective on your attorney may influence his or her decision on your case. You may think that the way your attorney treats the staff is not important, but often the staff will tattle to the judge behind closed doors if your attorney acts out of line with them. You want an attorney who is aggressive enough to go to bat for you, but not one who burns bridges with those who decide your fate.
Ignores Your Phone Calls or Fails to Answer Emails. A common complaint among clients is that that their attorney either fails to respond via phone or writing to their inquiries. If you have questions that are going unanswered or important communications that your attorney is ignoring, you may want to look elsewhere. Failure to give you attention can be for many reasons, from too large a client load to just general disinterest. Whatever the reason, the result is that the proper communication channels have broken down, which gives you grounds to find someone who is a more effective communicator.
Is Out of His/Her League. Some cases require more sophistication than others. A felony is often more difficult to defend than a misdemeanor. Some divorce cases are more complex or involve more assets than others. If your attorney tells you he or she is not experienced enough or does not have time for a case of your complexity, then you should find someone with the requisite experience. If you can see from your counsel’s representation of you that he or she is really in too deep of water, you should find someone else. Your liberty, money, assets, children, or whatever the case is about is your first priority, and you should not be concerned with firing an attorney who isn’t the best for you and your case.

Filed Under: General Legal Advice, Legal Advice

10 Essentials to Make Sure You Come Out on Top In Your Divorce Hearin

In a divorce case, the hearings can vary, but the principles outlined below will help you come out on top regardless of the type of hearing you will be participating in.

Know the Type of Hearing. The most important step in preparing for a successful hearing is asking your attorney to explain to you the type of hearing that you will have and what will be expected from you. For example, and initial calendar call and meet and confer may be fairly simple. Further down the line, if you end up in a trial, you may need significant preparation. Don’t be afraid to ask questions and to know before you go whether your attorney plans to have you testify, and if so, what topics will be covered. Preparation is the most important key to success.
Be On Time. Being on time seems like a simple plan, but it is surprising how many people struggle with being on time to a court hearing. You need to plan extra time for traffic, finding your way, and parking. You do not want to be rushed. In many courtrooms, you will need to leave your cell phone and any other electronic devices in the car. If you want to bring those items in, plan extra time, in case you are told no, and sent back to your car.
Look Professional. Your appearance is the first impression any attorney or judge will get from you, so make sure that you are clean, neat, and professional.
Be Organized. If your attorney hasn’t already collected the relevant documents from you and has requested that you bring certain documentation to court, then it’s imperative that you remember to bring it. Make extra copies so that you have enough to share. Have them organized so that you can easily find what you are looking for.
Don’t Expect to Be the Only Case. Some parties are disappointed to find out that they aren’t the only case of the day. There are often many cases on the docket, and you likely won’t have a choice about when yours is heard. When you know what to expect, you can come with the patience to approach your hearing in a calm and collected manner. A cool demeanor will present you and your case in the best light.
Know Your Facts. You need to read and understand everything that has happened, everything that has been filed on your behalf, and everything that your attorney may want you to testify about. You are the expert on your own case and you can leverage that expertise to assist your attorney in representing you well.
Know and Understand Everything Your Spouse’s Attorney has Filed. In addition to knowing your own facts, you need to know where and how your spouse’s story differs from yours. Understanding his or her arguments will help you and your attorney to work together to show why your version of the facts is correct.
Tell the Truth. If you are telling a story at the dinner table, a little embellishment might make the tale better. In court, stick with the cold, hard truth. It is difficult for the other side to poke holes in the truth. If you exaggerate or outright lie, you expose yourself to impeachment, which will only reflect poorly on you and your case.
Be Reasonable. Divorce cases can be highly emotional because they involve finances and children, broken promises and shattered dreams. Remember that your divorce hearing isn’t therapy. You are here to get the best outcome. Consider ahead of time what an acceptable settlement would be and discuss that with your attorney. Try to think ahead about what your ex-spouse’s sticking points will be and strategize with your counsel on how to overcome his or her objections. Although challenging, try to think of the hearing as a business negotiation rather than a war with your ex.
Prepare with Intellect not Emotion. Use your head and not your heart in a divorce hearing. Understand and anticipate the type of hearing it will be and cater your arguments to the type that will be well-received by the court. For example:
- Child custody – In a child custody case, the focus will be on the health, education, safety, general welfare of the child. Any argument or testimony should be focused on the best interest of the child, and anything that appears revenge-motivated or manipulative will only reflect poorly on the party presenting it.
- Temp child support or spousal support – In a temp child support or spousal support where the worker is an employee, this will typically be decided by a mathematical formula, but if self-employment or fluctuating income are involved, this may require more preparation to present to the Court what appropriate spousal support should be.

If you follow the advice in this article, you will likely be well-prepared for a successful hearing. The most important tip, though, is to thoroughly consult with your attorney so that he or she can guide you in the specifics of your case.

Filed Under: Divorce Lawyer