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Going to Court

5 Tips for Testifying In Court

May 8, 2018 /
There may be times during your divorce when you are asked to testify in the courtroom. “Testify” means to answer questions under oath. Before you testify in open court, you will be sworn in as a witness, meaning you swear (or affirm) to tell the truth. The thought of being on the witness stand and answering questions from your attorney and opposing counsel can be anxiety-provoking. You may be afraid of giving the wrong answer or of saying something that you believe will harm your case. You may be leery of opposing counsel and assume he or she is intentionally
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Five Tips for Writing a More Persuasive Personal Affidavit

March 6, 2018 /
Most Nebraska courts decide temporary divorce hearings by reading the sworn personal statements of spouses rather than having spouses testify in court. These personal statements are referred to as “personal affidavits,” and they are perhaps the most important documents that courts consider when ruling on temporary issues. It is therefore critical that your personal affidavit is well written, persuasive, and easy for a court to read. While your attorney will help you to draft your personal affidavit, you can help your attorney by providing him or her with a polished first draft. Tip 1: Write About One Topic at a
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Will My Child Have a Say?

January 2, 2018 /
During your divorce, hard decisions regarding your children are made. For example, where will they live? How often will they see each parent?  The paramount concern in any decision regarding custody, parenting time, or other child-related issues is what is in the minor child’s best interests. But what happens when your child expresses a preference regarding who to live with? Nebraska, unlike some other states, does not allow a child to choose who to live with. Rather, the court may consider the well-reasoned preferences of a child, at any age. Nebraska law provides that your child’s preference regarding custody will
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Going to Court

October 17, 2017 / , ,
“Going to court” can mean many different things during the divorce process. You may have to go to court for a hearing, a pre-trial conference, or trial. Sometimes it is permissible for your attorney to appear on your behalf without the need for you to go. Sometimes the judge will want to hear you testify. Sometimes the judge will read your sworn statement and listen to the lawyers’ arguments in order to make a decision. The thought of going to court can be anxiety-provoking. The fear of the unknown may set in. It is important to communicate with your attorney
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