Judges can either accept or deny any formal plea heard in court. This is called “The Prerogative of the Judge,” which is characterized as an exclusive right held by an person or community, in particular by an inherited or official right. Visit us on Family Law Attorney Near Me.
However, perhaps the most common use of the prerogative occurs in disputed divorce proceedings. A family law attorney, for example, can file pretrial motions in which the judge exercises prerogative in deciding the validity of the judgment. In this scenario, to ensure a more favorable decision, it is prudent to follow some basic “do’s and don’ts”
Negotiate first, and maintain reasonable demands
It’s amazing what judges will allow even when the agreements are not explicitly allowed under the law, if all parties agree. In other words, if you don’t alienate your soon to be ex and keep your expectations fair, the things that matter to you are more likely to be awarded to you. However, pre-trial “give and take” agreements might be necessary, but it is of little concern to the court to consider intangibles such as pets and other personal possessions-work it out the peanuts beforehand!
Stop Confessions on Internet
Though publishing your thoughts and feelings on the Internet can be therapeutic, avoid posting anything about your case at all costs! If you provide the world with knowledge to see, wonder who else will do it? The counsel for your partner and someone else whose job is to collect evidence against you, like a private investigator. In top of that, these emotions are fleeting and you don’t want to risk hurting your reputation in court. Do a favor to yourself and counsel by staying offline when it comes to your feelings.
Do not lie about anything to your attorney, or in court. This involves lying or failing a drug check on marital possessions. Be transparent whatever. Getting caught in a lie makes it impossible for the judge to distinguish truth, and worse yet, even though what you claim is true, to believe you. Combat fair, stick to the truth and stop saying negative things about your spouse. Perhaps the best thing you have control over is the way you handle yourself, the straightforward litigant.
Trial Is Not A Threat
Any family law attorney will attest to the fact that the Court is not the place to wage a contest, because it is neither in the interest of the Court to choose a winner nor to pick one fall within the scope of the prerogative. The job of the Court is to weigh the facts and judge by the facts and that is it. It is also important to remember that in cases involving children, all final decisions are ultimately driven by the best interests of the child.
Choose the lawyer carefully
Uncertainties involved in working across legal mine fields can be quickly mitigated by hiring the right solicitor. You can’t change what happened, pick the judge or change the law, but an experienced lawyer can give you good advice about what to expect and what to pursue, or not. As in most cases, relying on referrals is good; but in cases where this is not possible ( e.g., life is perfect, and no one around you has ever needed or hired an attorney), shopping around and interviewing potential barristers are always good. As in every interview, go with your gut after conducting interviews when making a decision.