- What to wear
- Online court is still court
- Quick tips
Getting divorced over a video feed can feel "anticlimactic" for some, but most people tell us that they prefer sitting comfortably in their home over traveling to court, waiting in lines, and hanging out all day until their case is called. One thing is certain: Online court will continue to be a part of our lives for a very long time. Let's get you prepared for it in case your judge requires a virtual hearing before your divorce can be finalized.
What to wear to online court
The first online courtrooms to get press attention during COVID-19 were in Florida. In an April 2020 article from The New York Times, Judge Dennis Bailey shared what a couple of lawyers (who apparently have no common sense or respect) wore:
"One male lawyer appeared shirtless, and one female attorney appeared still in bed, still under the covers ... And putting on a beach cover-up won't cover up you're poolside in a bathing suit."
It sounds like a movie right? But even lawyers and other professionals who are used to appearing before a judge have totally misunderstood the concept of online court.
Online court is still court
Levine Family Law Group attorneys Stan Sarkisov and Ian Van Leer tell us: "Think Banana Republic or Gap (not the casual section). You want to dress comfortably but also show the court that you respect the institution. Business casual sends a good message," says Stan. We agree.
Ian continued, "You don't need to wear a suit or dress, but you definitely don't want to wear pajamas. You will be on video, after all."
Both lawyers recommend wearing nothing too distracting and keeping it modest. (We want the judge to focus on what you are saying, not what you are wearing.) Dress as if you are attending church or temple, a business meeting, or a job interview. This isn't to say you can't be stylish; we want you to feel like "you." But just be mindful that, to a certain extent, the court is a game, and you are a player. Play to win.
Actions speak louder than words
A big part of the job of a judge is to determine the credibility of a witness. Are you or are you not telling the truth? What you say is one small part of that. Your body language, demeanor, and facial expressions are all fair game, and when your face is on video, it's as if you're on stage. Your judge is looking right at you, and if you're fidgeting or rolling your eyes, you're signaling that you are unreliable.
Certified Family Law Specialist Ashley Schuh: "I always tell people the most important part of the online court is how your face looks. (Don't forget you're on camera!)"
Use common sense
A lot of these tips seem like common sense, but divorce is stressful, and so is court. Sometimes, our emotions get in the way of thinking clearly, and that's totally understandable. Here are some tips for the online court that you can follow to ensure that you make your best case:
- Stay away from virtual backgrounds. Unless lit properly, they tend to be distracting and make your head look a little like an alien.
- Have a backup device ready. Nothing is worse or more stressful than having your computer decide to auto-update just as your case is being called.
- Single-tone backdrops are best as a wall. If you have to take the call in your car or a kitchen, keep your video off until the judge calls your case.
- Do not interrupt under any circumstances. Judges hate interruptions, but especially online, it makes it impossible for the court reporter to get a clean record, and it is incredibly frustrating for the judge.
- That said, make sure you won't be interrupted. Make arrangements for your kids, turn your phone on silent, or make sure the dog won't start barking in the background.
- Do a test run to ensure your microphone, camera and sound are working properly.
- Watch online court sessions ahead of time. Many counties stream court hearings from their court website. It will feel less intimidating once you have seen how it all works.
- Call the clerk's office a day or so before your hearing to find out if there are any updates.
- Email a courtesy copy of your pleadings (court forms) to the judge's clerk (if allowed) to make sure they have a copy. Court clerks are backed up, and if you filed something a few days earlier, it may not be scanned yet for the judge to see.
- If you are presenting documents or evidence, make sure they are completed and accessible.
- Call the court ahead of time to learn how you can present evidence (if you have any).
- Turn your video and sound off until your case is called.
Have a tip or two to add? Share your comment!
Frequently Asked Questions About Online Divorce Court
What is online divorce court?
It’s the same legal process as in-person hearings, but held virtually over video or phone.
How should I prepare my technology for online divorce court?
Test your internet, camera, and audio ahead of time. Keep your device charged and have a backup option like a hotspot.
What should I wear to online court?
Dress as if you were in the courtroom. Business casual or professional attire shows the judge respect.
How do I make a good impression in online court?
Pick a quiet, well-lit place. Look at the camera, mute when not speaking, avoid interruptions, and be respectful to the judge.
Can I have documents or notes with me during the hearing?
Yes. Keep them organized and ready. If the court requires, submit them electronically in advance or follow instructions during the hearing.
What if I lose connection during my hearing?
Reconnect immediately. If you can’t, call the court clerk to explain the issue and ask for guidance.
How to Prepare for Online Divorce Court
Read your hearing notice carefully
Confirm the date, time, and platform details. Check if you must submit exhibits in advance.
Test your technology
Make sure your internet, camera, and microphone work. Practice logging into the court’s chosen platform.
Set up your space
Pick a quiet, private area with good lighting. Adjust the camera to eye level and keep distractions out of view.
Prepare your documents
Organize your paperwork. Keep both physical and digital copies handy in case you need to reference or share them.
Dress appropriately
Wear business casual or professional attire. Treat online court as seriously as in-person court.
Practice courtroom etiquette
Mute when not speaking, look into the camera when talking, and always address the judge respectfully.
Have a backup plan
Keep your device charged, and have an alternate internet option or phone ready in case of technical difficulties.
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