If you have a family law case that you believe will be contested, you may have to prepare yourself for testifying at a hearing or trial. In cases where issues of child support and child custody need to be decided immediately and on a temporary basis until the divorce can be finalized, a hearing can add additional stress to an already emotional situation. At The Law Office of Dawn Dell’Acqua, APC, our family law attorney San Diego, CA has spent years working to help the families of San Diego County achieve their goals when they are faced with family law challenges. Whenever possible, it is suggested that parties attempt mediation to resolve the issues outside of a court hearing. When that is not possible, our family law attorney San Diego services will zealously advocate for your rights in court.
What You Can Expect
In cases where the parties can sit down with their family law attorney or a mediator, an agreement can usually be made.
In other cases, a family law attorney and a mediator are not enough: it is necessary for parties to file a motion with the family court.
In family court motion hearings to decide issues such as temporary custody or child support, each side is limited to 10 pages of declaration in support. It becomes necessary to reduce all the facts and circumstances in your life and the lives of your children to only a few pages. You can see how, even in simple cases, it can be difficult to convince the judge to rule in your favor. This is where the experience and knowledge of a San Diego family law attorney can help.
When the Court does schedule a time for a hearing, it is often several months away. For many cases, the hearing will not be scheduled for at least three months from the date that the motion is filed.
In certain conditions, the Court may allow for an emergency hearing; however, there are situations where life is complicated but it is not enough for it to be considered an emergency. A San Diego family law attorney can guide you and prepare you during these months.
At the time of the hearing, both sides can produce witness testimony from many sources to help the judge decide the issues. These hearings are public, as are the motion papers, so many details of your life will no longer be private. Preparing for a hearing can also take a substantial amount of time, increasing the costs for both parties.
After the hearing, the Court will take additional time to consider the issues presented by both sides and may then issue a ruling. The power to make decisions about your life, your children and your future is taken out of your hands and given to a judge who will never know your situation as well as you do. To achieve the best possible ruling, it’s best to recruit the help of a family law attorney to help you decide what needs to be emphasized so that you have a clear and concise case.
Contact a San Diego Family Law Attorney
If you have questions about family law, our office can help answer your questions. Our family law attorney can prepare you for whatever issues arise in your case. Email or call our family law attorney (619) 325-4726 to set up your initial consultation. You can also follow us on Twitter.