In a contested divorce, before there is a trial, typically, there would be several court conferences. At each of these conferences, it is possible, that a Judge might ask you some questions. Most likely, you would be under oath when answering these questions. If there is a trial, sometimes a Judge will ask a clarifying question to the witness. Again, you would be answering these questions under oath.
Here is a summary of the types of questions you might be asked, either during a court conference or at a divorce trial.
- Clarification: If you state something and the Judge is needs to clarify your answer or statement. A Judge may ask you to clarify your answer/statement. For example, if you stated that you worked in New York City, the Judge may ask you what Borough you worked in.
- Further Information/Explanation: If your answer contains information that a Judge is not familiar with, the Judge may ask you to explain your answer. For example, if you state that you work with “magnetic medical devices”, the Judge may want to know more information about exactly what you do.
- Instruction/Speak up/Don’t answer the question or You must answer the question: This is not really a question, but an instruction. If the Judge can’t hear you, they may ask you to “Please speak up”. If you answer a question with a “shake of the head” or “mmm”, the Judge may tell you to please answer the question with a “Yes” or a “No”. If there is an objection, then the Judge may instruct you to either “Answer the Question” or “Don’t Answer the Question.”
In general terms, you should not be afraid of what a Judge may ask you. A Judge is not there to cross-examine you or to ask you a question to demonstrate that you are lying. Indeed, most Judges may not ask any questions at all.
If you are getting divorced, there can be lots of stressful situations. One of those situations, is going to Court. David Badanes and the Badanes Law Office can help prepare you for Court and for what happens in Court. If you need an experienced contested divorce attorney, then call David Badanes.
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