How does a judge decide who gets what in a divorce?
How does a judge decide who gets what in a divorce?
The judge makes the decision in the divorce case on the issue of spousal support by going through the Family Code 4320 factors. Once again, testimony is taken and evidence is presented on each of the factors. The focus is on the marital standard of living.
Does divorce judge ask questions?
California divorce judges like to ask questions. Whether simply confirming that divorcing spouses understand the implications of their decisions or trying to discern why feuding spouses have been unable to come to terms, divorce judges ask questions so that they can make their own informed decisions.
How long does a hearing last?
Preliminary hearings differ from trials in many important respects: Preliminary hearings are much shorter than trials. A typical prelim may take from a half hour to two hours, and some prelims only last a few minutes. Preliminary hearings are conducted in front of a judge alone, without a jury.
How do you talk to a judge in court?
7 Tips: How To Talk To A Judge In The Courtroom
- #1 Always Address the Judge Properly. The very first rule of how to talk to a judge in court is to always address the judge properly.
- #2 Speak Clearly and Directly.
- #3 Never Interrupt the Judge.
- #4 Keep Your Explanations Short.
What’s the difference between a hearing and a trial?
Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.
Can charges be dropped at a hearing?
As with all other states, a judge normally does not dismiss or drop criminal charges during a California arraignment hearing. If the judge does not dismiss the charges, then a defendant can enter any of the following pleas to the allegations: guilty, not guilty, or.
Can a judge ignore a motion?
You need to set your motion(s) for hearing to get it before the Court. Otherwise, the Court will not address your motion(s), which is why you feel like you are being ignored. Thus, you must file a notice of hearing on your motion and go before the…
How long after a hearing is a trial?
If you are not being held in custody, the court must set trial within 45 days following your arraignment or plea. You are permitted to waive the right to a speedy trial in order to allow additional time for your attorney to prepare your defense.
Do judges read motions before court?
It is hard to generalize, but it is my experience that most judges do not read the motion papers until few days before the hearing date. By that time, all motion papers, including the opposition and…
Can a judge go back and change his ruling?
No. The judge can follow the same law but judge the case differently and change a ruling. When you write your motion, though, it is best if you explain clearly why you think the judge should change the ruling.
How do you get the judge to like you in court?
Present Your Case: How to Get the Judge to Rule in Your Favor
- Pay Attention to Other Trials. If you want a positive ruling from the judge, then it can help immensely to pay attention to different trials that are going on.
- Hold Other People in High Esteem.
- Express Yourself in a Clear Way.
- Take Your Time Answering Questions.
Can I write directly to a judge?
Can I ever communicate directly with the court? Yes. Certain ex parte communications to a judge or court personnel are allowed by law. For example, if you are contesting a citation (commonly called a “ticket”) for a traffic infraction, the law allows you to submit a written explanation directly to the court.
What do judges say in court at the beginning?
They ask everyone to stand up to show respect for the Judge, the court and the law by saying: “All rise. This court is now in session.” Judge comes in, sits down and tells everyone else to be seated. Judge tells everyone what the trial is about.
Can a judge refuse to look at evidence?
The answer is yes he could. It doesn’t mean it’s the right decision, but since the Judge controls everything that happens in the courtroom, he controls what comes into evidence. If the judge makes the wrong decision and I ultimately lose the case, I can appeal on that precise issue.
Do you have to say your honor to a judge?
In most cases it is important to say “Yes, your honor” or “No, your honor.” Using “your honor” is the easiest way to show respect and avoid offending your judge. Remember, a judge can hold you in contempt of court, meaning they can give you a fine or even put you in jail for speaking disrespectfully.
Are judges allowed to be rude?
The state supreme court rejected this First Amendment defense in its Aug. 5 opinion in In the Matter of Eiler, writing that “judges do not have a right to use rude, demeaning, and condescending speech toward litigants.”
What to do if a judge is unfair?
If the judge is showing what you believe to be unfair bias against you in pretrial motions or hearings, speak to your attorney at length about how you two can make an excellent record at trial that can overturn any negative decisions on appeal.
What can a judge not do?
A judge should not allow family, social, political, financial, or other relationships to influence judicial conduct or judgment.
Can you sue a judge for a bad decision?
Judges are typically immune from a lawsuit. You cannot sue judges for actions they took in their official capacity. For example, a judge who decides a case against you cannot be sued. Only in rare circumstances can you sue a judge.
