What makes a great Alabama Divorce Trial Lawyer?
The most effective divorce trial lawyers in Alabama have common characteristics. We all know the law as it pertains to each case. A trial involving an initial divorce is entirely different from one involving a post-divorce modification or enforcement proceeding. Every patient does not include the custody of children, or retirement benefits consists of a family business or involves a military divorce. There is an art and science to practicing divorce law in Alabama. Every case is different. This can not be repeated enough. However, with decades of experience and thousands of clients later, our divorce and family law firm knows the law to every kind of family law and divorce case in Alabama. The divorce lawyers in our firm have gone to trial in every proceeding in family or divorce court throughout the State of Alabama and in most jurisdictions, including Birmingham, Huntsville, Montgomery, and Mobile. We have offices near you in Birmingham and Huntsville, with a new office planned to open in Mobile next fall.
Divorce is an art and a science. You have to know the law, but you also need to know the judges, the opposing lawyers, the court judicial assistants, and court clerks. Every proper trial lawyer can present their case to the court in a friendly, neat, orderly, and condensed fashion. Clients should understand that a trial does not and will not include everything that has occurred over every day of their marriage and divorce. A trial court can limit the number of witnesses. If an attorney violates the Witness Rule during a trial, the divorce court can easily deny that witness.
However, a trial court may not simply disallow witness testimony due to time constraints and the desire to clear a docket. It is also within the court’s discretion to allow a witness to testify multiple times and must be objected to by your attorney during the divorce trial. Of course, the opportunity to cross-examine witnesses is widely recognized and accepted. The right to cross-examination is widely recognized and not limited to criminal cases. A party with no freedom or opportunity to cross-examine a witness is denied the due process of law, resulting in a reversal on appeal.
There are many ways a skilled divorce trial lawyer can help you win your divorce trial. Proper discovery techniques and strategies, knowledge of evidentiary procedures, skillful argument presentations, and many others can help you get the results you desire in an Alabama divorce proceeding.
Continuances in Trial Work
One frustrating aspect of divorce trial work involves continuances of the case. Unfortunately, this can and probably will happen several times during any Alabama divorce case headed to trial. Continuances are sometimes unavoidable due to illness, unavailability of a witness, and the like. Whether to grant a continuance or not is within the discretion of the divorce court. Continuances are not favored under the law. A denial of a continuance will likely not be reversed on appeal absent a showing of gross abuse of discretion by the trial court. A trial must be set 60 days before a trial on any action, or unless some other exception applies. Typically speaking, continuances for a good cause, raised well in advance of trial, are favored by the courts in domestic relations cases.
Taking of Testimony by a Court Reporter
Upon request, a party is entitled to have recorded testimony taken in open court. In certain situations, the denial of a request for a court reporter to be present in domestic relations or divorce matters can constitute reversible error.
Thus, a divorce trial lawyer needs to be skilled in many areas of the law and know the rules of evidence like the back of his hand. Divorce attorneys must also be able to apply the law to the facts of your case in a coherent manner and strongly advocate for their clients. Some lawyers are skilled at various aspects of the law, evidence, procedure, negotiation, or trial. The best divorce lawyers in Alabama have skills in all areas of the law and advocacy at trial. Make sure your divorce attorney has the knowledge, skill, expertise, and experience to handle your particular divorce or custody matter.