Any formal plea heard before the court can be admitted or rejected by judges. This is known as the “Prerogative of the Judge,” which is characterised as an exclusive right held by an person or community, especially an inherited or official right. The power to show compassion, which has two elements: the power to give pardons, and the power to grant nolle prosequi (‘be reluctant to pursue’), is the most noted prerogative power concerning the judicial system.
However, perhaps the most common use of prerogative occurs in disputed divorce proceedings. A family law attorney, for example, may file pretrial motions in which the judge exercises the right to determine the merits of the judgement. In this situation, to ensure a more favourable verdict, it is prudent to adopt some clear “do’s and don’ts.”The Siemon Law Firm-Atlanta Divorce Lawyer offers excellent info on this.
Negotiate and keep expectations fair beforehand
Even if the arrangements are not expressly approved under the statute, it is incredible what judges will allow if both parties consent. In other words, you are more likely to be awarded the things that are important to you if you do not alienate your soon to be ex and keep your demands reasonable. However, pretrial “give and take” agreements might be possible, but it is of little concern to the court to weigh intangibles such as pets and other personal possessions-sort out the peanuts beforehand!
Web Confessions Stop
Although publishing your thoughts and feelings on the Internet can be therapeutic, avoid posting something about your case at all costs! When you provide the world with information that you can see, guess who else can access it? An advocate for your partner and someone else whose duty it is to obtain evidence against you, such as a private investigator. In addition, such emotions are fleeting and you don’t want to risk hurting your character in court. Do yourself and your solicitor a favour when it comes to your emotions by remaining offline.
Do not lie about something to your counsel or in court. This means lying or failing a drug test about marital properties. No matter what, be clear. It is difficult for the judge to distinguish truth, and worse yet, to believe you, even though what you claim is true, to get caught in a lie. Fight equally, stick to presenting evidence and stop telling your partner something negative. Perhaps the greatest asset you have power over is the way you handle yourself, the straightforward litigator.
Court Is Not a Competition
Any family law attorney can testify to the fact that the Court is not the place to hold a contest, since it is not in the interest of the Court to choose a winner or fall within the reach of prerogative to choose one. The duty of the Court is to weigh the evidence and, according to the facts, adjudicate and that is it. It’s also important to note that the best interest of the child practically drives all final decisions in cases involving children.