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What to Expect in Court
What to Expect When Attending Your Hearing or Trial
- Attend your hearing or trial.
- Bring all your paperwork.
- Read about preparing for court and the general rules of behavior and conduct.
ASK ABOUT THIS: The family law forms contain orders and final judgments, which the judge may use. You should ask the clerk of court or family law intake staff if you need to bring any of these (orders or final judgments) forms with you to the hearing or trial.
- Find orders and final judgments.
- If you are told to bring them with you to court, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.
DEFINITIONS:
Final Judgment – a written document signed by a judge and recorded in the clerk of the circuit court’s office that contains the judge’s decision in your case.
Order – a written decision, signed by a judge and filed in the clerk of the circuit court’s office, that contains the judge’s decision on part of your case, usually on a motion.
Who is Entitled to a FREE Lawyer?
The Constitution guarantees free legal help for people who are charged with a crime which might lead to imprisonment and who cannot afford a lawyer. If you find yourself in this situation, request the appointment of a public defender when you first appear in court. When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person. Some public defender programs are permitted to charge an "application fee" from clients, though this is usually a small amount.
Who Qualifies for a FREE Lawyer?
In non-criminal or "civil" cases, you do not have the right to a free lawyer. But there are many legal aid and pro bono programs that provide free legal help for the poor in civil cases. These programs generally help people whose income is less than 125 percent of the federal poverty level, although in some cases they help people whose income is slightly higher. (Look at the table below for the current income guidelines.) In addition, people who are elderly, disabled, the victims of domestic violence, enlisted in the military or in other special circumstances may be eligible for help even if their income is a little higher. Because these community-based programs often operate with very small budgets and don't have enough resources to serve all eligible people, they handle only certain types of cases and must turn away many people who ask for help.
What Happens in Court
Going to Court Without a Lawyer in "Family Law Cases" – How to Begin.
When you take a case to court, you must file documents that tell the court what the dispute is and what you are asking for.
Both sides of a court case (also called “parties”) must then file more documents giving the court the information it needs to make a decision.
DEFINITIONS: Am I the Petitioner or the Respondent?
Petitioner: the person bringing the dispute or issue to court. You file paperwork first.
Respondent: the other person involved in the case who responds to the filed paperwork.
Before filing a case, you must complete all paperwork that goes with the type of petition you are filing. The instructions for each petition will tell you if there are more forms to file along with your petition.
Step One: Complete the paperwork (petition and other documents)
The first step is to bring your problem or issue to the court’s attention by completing a Petition. This begins the process for your case.
DEFINITION: A petition is a written request to the court for some type of legal action — grant a divorce, for example. The person who asks for legal action is called the petitioner and remains the petitioner throughout the case.
Types of Family Court Petitions:
- Divorce
- Divorce involving relocating (moving) children
- For Support Unconnected with Divorce
- To Modifying Parenting Plan/Time-Sharing, Child Support, Alimony, other
- Disestablishing Paternity (Ending child support obligations/not the father)
- Temporary Custody by Extended Family
- Domestic Violence (Also known as Interpersonal Violence), Repeat Violence, Sexual or Dating Violence, Stalking
- Stepparent Adoption
- Name Change
- Paternity (Fatherhood)
There may also be court hearings or a trial where you can present witnesses or present your case verbally, but the written documents you file are a crucial part of any case. Without them, there would be no case in court.
Next Step: File your case
After completing the petition and all supporting documents, you must file them with your local clerk of the circuit court. This officially opens the case.
Use the FIND A CLERK webpage to find your local clerk of court.
- You may file petitions or other documents electronically; however, you are not required to do so. Read more about E-filing procedures.
What will the clerk do?
- Assign a case number.
- Collect your filing fee or determine if you qualify for a fee waiver
.
NOTE: Clerks of Court have their fee schedules posted on their website. If you cannot afford the filing fee or other court costs, you may qualify to have these fees and costs waived by the court. Contact your local clerk of court for more information.
Next Step: Notify the other party
After you file your paperwork and open a case, you must notify the other party. This process is called “SERVICE.” This means the other party has been “served.”
This is the official way to tell the other party (the Respondent) that something is happening to them in court and any scheduled hearings.
Forms for service of process are located in the Subpoenas Forms section of the Family Law Forms page, along with more detailed instructions and information regarding service.
READ: Read the instructions carefully to make sure you have “served” the other party correctly.
There are several ways to “serve” someone:
- Using a deputy sheriff
- Using a private process server
- By Certified Mail
Contact your local clerk of court to find out how to do this in your location.
Responding to the Petition (the Respondent):
The Respondent is called the respondent because he or she is expected to respond to the petition. The Respondent remains the respondent throughout the case.
Filing an Answer
After receiving the Petition, the Respondent may file his or her document to explain their side of the story. This document is called an answer.
An answer is a written response by the respondent that states whether he or she admits (agrees with) or denies (disagrees with) the claims in the petition. Any claims not specifically denied are considered to be admitted.
A counterpetition is a written request to the court for legal action, which is filed by a respondent after being served with a petition.
Some types of Family Court Answers:
DEADLINE: After being served, the Respondent has 20 days to file an answer admitting or denying each of the claims contained in the petition.
Counterclaim by the Respondent asking the court for help.
The Respondent may also file a document called a counterpetition if he or she has claims against the Petitioner.
- In a counterpetition, the Respondent may ask for the same or some other help or action not requested by the Petitioner.
- If the Respondent files a counterpetition, the Petitioner should then file an Answer to Counterpetition Form 12.903(d), and either admit or deny the allegations in the Respondent’s counterpetition.
DEADLINE: The Petitioner has 20 days to respond to the counterpetition.
