Will I need to say anything in court or can my attorney speak? 4 Answers as of November 16, 2010

I am about to get a divorce and I was wondering if I was ever obligated to speak in court or in any other appearances or conferences that need to be made. I do not trust myself to say anything and I want my lawyer to say everything. I only want to speak with my lawyer. Will I be required to say anything or give any testimony in court?

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Goldberg Jones
Goldberg Jones | Zephyr Hill
It is rare that you would be required to speak. Usually your attorney will do all the talking. However, it is possible or you to be required by the Judge or your spouse to testify. Rely on your attorney to prepare you properly for this event.
Answer Applies to: California
Replied: 11/5/2010
Law Office of Cristin M. Lowe
Law Office of Cristin M. Lowe | Cristin M. Lowe
I am going to give a very lawyer-like answer and say that it depends. The truth is that it depends on several different factors. Perhaps the most important factor is how your attorney deals with this issue. Your first step will need to be to sit down and have a talk with your lawyer to see what he or she says. Some attorneys want their clients to address the Court directly, and others are very much against it. In general, the judge will only address your attorney, and most questions will be posed directly to your attorney, not you. That being said, if you are adamant about not wanting to speak to the judge, then you will need to prepare your attorney accordingly. The attorney must know the facts of your case inside and out to address all of the judges questions without ever needing to turn to you.

For example, judges will commonly ask questions about the childrens ages, grades, school names, types of extracurricular activities, and other factual questions to get a better understanding of the situation. Unless your attorney knows all of this information, he or she will be relying on you to supply it.
Answer Applies to: California
Replied: 11/5/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You need to speak to hour attorney.
Answer Applies to: California
Replied: 11/4/2010
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