Answer: The reality of family-related cases is that there are often situations where you cannot or do not want to communicate with your spouse or your child's other parent – this may be caused by emotions (i.e., anger, sadness, anxiety, etc.) or simply because you do not know your legal rights and/or feel comfortable representing yourself, which can be for a number of reasons. Whatever the reason, if your dispute cannot be resolved through negotiation, you have the right to have a judge make the decision(s) for you. Once you have filed the appropriate paperwork, the Circuit Court will set your case into their system and will ultimately issue a decision, which will be binding on all of the parties to the case. The time when you will have a trial and/or receive a decision depends on the specific issues of your case and, of course, the court's calendar. Generally, your case should be resolved within one year of filing, if not sooner. Once the Court issues its decision, the decision will be final and will be very, very difficult to reverse on appeal. For this reason, having an attorney represent you through the litigation process may be one of the best decisions you make.
An experienced trial attorney is necessary to assist you in preparing your testimony, subpoenaing witnesses and documents for use at trial, cross examining opposing witnesses, conducting discovery in advance of trial, hiring expert witnesses, determining trial strategy, and a host of other steps which can change the outcome of a case.
The experienced trial attorneys at the Gardner Law Firm, P.C. have successfully litigated contested divorce, custody, support, modification, and contempt cases, and know the steps which are needed to protect your interests and achieve the best possible outcome at trial. Only an experienced attorney who has litigated numerous cases in court will know the most effective way of presenting your case and persuading a judge that your position is correct. With experience an attorney knows what evidence and arguments are persuasive, and which are not. Furthermore, an experienced attorney knows how to read a judge, when an argument is failing and to move on, how to present evidence that will be admitted over objection at trial, and how to organize an effective presentation that will keep a judge's interest and attention. These skills are not taught, but are only accumulated over years of trial experience. With 35 years of trial experience, David Gardner is committed to assisting you in reaching the best possible outcome in your case.
Often times people do not realize the importance of having representation in these types of cases until a decision is issued and they are disappointed with the outcome. In most family-related cases, you have the right to appeal a decision or have the court reconsider the decision. You may also consider trying to modify the decision at a later date. While you have this right, it is very difficult to change an existing decision. Not to mention, it means you have to go through the experience again. At the Gardner Law Firm, P.C., we strive to obtain the best outcome for you the first time so that you do not have to spend more time trying to fix what the Court has already done. In addition, while you are waiting for a 'new decision' you most often have to comply with the decision that you are seeking to change, which can be very stressful. If you do not have the resources to hire an attorney for the entire process, we urge you to, at a minimum, consult an attorney as soon as possible so you are aware of the litigation process and your rights. We recognize that litigation is a difficult and expensive process, but if you do it right the first time, you will likely save more heartache and headache in the long run.