If you and your spouse do not reach an agreement, the judge will have to decide on your case. He/she will do so at the so-called "final hearing." At this hearing, you can call any witness and you must testify for you. You can also show the judge that you have any documents that support your position.
If you have to force witnesses to arrive, or they cannot get off work without help, you will send what they call a "summons." Your staff's office will have these and will give you as much as you need. If you have a lawyer, he/she will handle this for you. It is important that you ensure that there is plenty of time at the hearing to do this work, whether you do it yourself or ensure that your lawyer has a witness address to "serve" them. You must be able to prove to the judge that you told these people that you want their testicles or judges to not allow them to appear. If they have special knowledge, you may need to pay hourly wages for their time. Any witness has the right to reimburse them for the miles you travel to the court.
If your spouse or third party has the documents needed for your case, they can copy them through the "discovery" process. Make sure your lawyer has a copy of the same document, whether it is provided by you or must be requested from the other party.
Highlight sections of the copy, such as the amount and terms that you consider important. Review these with your lawyer before you go to court. When you are in a witness seat, you may need to mention something or remind your lawyer to ask a dissident. The sooner you find the item you are referring to, the better the judge will be. The following documents may be important. Send a copy of it to the lawyer's office as soon as possible and become familiar with its contents:
1. Bank statements, including savings passes, checking account statements, deposit slips, or documents creating money market accounts. In short, any document that proves the existence of money in marriage should be available.
2. Stock or bond certificates, retirement or pension plans, IRA accounts or 401K account statements.
3. Mortgage agreements, amortization schedules, tax statements, insurance policies, leases, assessments and contracts.
4. Cars: payment books, loan documents, assessments. The approximate value of a car can be found at http://www.kbb.com/ This is the Kelly Blue Book website, or http://www.nadaguides.com/, which is a website association sponsored by a national distributor.
5. Make a list of two pieces of furniture, household appliances, accessories, linens, flats, lawn furniture, yard accessories, lawn mowers and yard equipment and tools. On the first list, put what you want or have already received, and then list in the second list the property your spouse has received or will receive if the court follows your plan. Try to estimate the current market value of the things on the two lists. This means the price you will pay in a garage sale or real estate auction. The court will not allocate the possible value of new things. 6. You have any paper that certifies credit card bills, loans, doctor bills, service invoices, utility bills, grocery receipts, or any other arrears. It's important even if you don't provide help to your spouse. If you can prove how far you have already had to extend your income, this may affect how much debt the court allocates. 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