Without a lawyer it's difficult to prepare for the divorce trial. The judge wants us to make a Trial Notebook & to file "Proposed Judgments" before trial. Then at trial she also wants a "Stipulation of Uncontested Facts" and a "Proposed Findings of Fact". I know I should have a lawyer but I can't afford one. Is there a template anywhere for these? I do have a DRAFT separation agreement that a lawyer gave me over a year ago, before she withdrew due to my not being able to afford her with the pending trial costs. Can I tweak that into a "Proposed Judgment"? Any help would be greatly appreciated. Thanks.
James Thomas JonesBusiness AttorneyAuburndale, MA ·
In your situation it might be a good idea to first check with the "lawyer of the day" at the family court. If that doesn't work then see if you can get a legal aid attorney in time to do it. If all else fails, you can always be super nice to the clerk at your local family court and see if they'll give you a copy of one with the names redacted. I've seen people do that in a bind before.
Your proposed judgment is simply how you would propose the judge rule (or "make findings") in your case. If you agree with the proposed Separation Agreement, find a way to get it into your computer (Word) and bring it on a thumb drive; that way, the Judge can only change what she isn't willing to rule on. The "uncontested facts" are simply numbered 1-20 on what you can stipulate (agree on) are facts (ie. birth dates, date of marriage, number if any children along with names and dates of birth, date of marriage breaking down, etc.). Don't get intimidated of the names of these things; the Judge simply wants what you propose as an Agreement (property division, support if any, parenting plan, etc.) and the facts that she can list in her findings. Don't over-think it; if the format is off, the Judge will find a way to make it work. Going to the desk at the court and asking for help with your format should be easy once you show those at the desk that you've tried to get the substance/information down. Good luck.
You may want to stop by the county law library. You should be able to find some form books that will contain examples of the documents you are looking for. The law librarians are also quite helpful in pointing you in the right direction. As for the trial notebooks, you and opposing counsel will work on the unconstested exhibit book together. Your contested exhibits should go into a three ring binder and each exhibit should have an alphabetical tab. Good luck.
