Some Thoughts For Attorneys on Preparing to Try a Divorce Case

When preparing or the trial of any action, several questions must be posed and answered by counsel in order to define the burden of proof that has to be met in order to be successful. The two most important questions are what do I have to prove and how will I prove it?

Sub parts of this questions are:

What are my goals? i.e. ,Divorce, maintenance, child support, etc.)

What do I have to prove in order to attain these goals?

What are the elements of the cause(s) of action that I have to prove in order to make out a prima facie case for a divorce on the grounds of ______?

What do I have to prove in order to obtain an award of maintenance (child support, custody, exclusive occupancy, counsel fees, equitable distribution insurance)for my client?

How do I establish the necessity for an award of ____________?

What is the substantive law applicable to this claim?

What rules of practice or rules of evidence are applicable to this claim?

What testimonial evidence will I offer to establish this claim?

What documentary evidence will I offer to establish this claim?

Consideration should be given to these questions when preparing for trial, and during the trial.