One man's complexity is another man's simplicity. Human relationships are not neat and tidy. Marriages are not often well understood, even by the parties to them. Divorce and its causes are not often well understood either. Clients going through divorces are often emotionally unstable. Such clients tend not to be well organized or prepared to assist their lawyer in preparing or presenting the case. Yet the lawyer's tasks should be apparent and obvious and simply understood.

The lawyer must identify the issues, and prepare each issue for presentation. The preparation of a complex property and debt division case requires the lawyer to identify each asset and debt, value each asset and debt most favorably to the client, persuade the court that his or her client's perception of what is joint property be determined as joint, and to persuade the court as to the client's value for such items.

In a truly complex case, you could have literally hundreds of items of property (or debt) to identify, classify, and value for the court. Documents and testimony should be organized around each asset and debt in order to convince the court that your position is correct.

Cases are resolved in only two ways: (1) settlement and (2) trial. Settlement can occur before the case is filed, or at any time prior to the court rendering its decision. Settlements frequently occur because the lawyer's and the client's goal is to minimize fees and emotional distress. Mediation is a marvelous tool to encourage the achievement of a fair and equitable settlement. Mediation is designed to offer a neutral forum for each party to air their positions and to compromise with the assistance of a trained mediator. Everything that occurs during a mediation is confidential. The mediator may not be subpoenaed to testify in court. Like non-mediated settlement discussions, settlements (or the failure to achieve settlements) are not admissible at trial.

In divorce actions, mediation is especially useful because it can provide a catharsis for clients which will never be found at trial. However, mediation is not an answer by itself. Not every client is willing to compromise, nor is every case suitable for compromise. Certain factual situations arise that engender feelings in clients that prohibit them from compromise.

Preparation of the case is just as important for a mediation as it is for a trial. If the lawyer has not buttonholed each and every issue in advance of a mediation, how can he render effective assistance in a mediation?

There are different models for mediation. There are, for this author's purposes, two primary methods or models for mediation: (1) neutral and (2) directed. This author has been a certified mediator for over 15 years, and his experience dictates that the neutral method of mediation is useless in a divorce case.

The neutral method posits a totally neutral mediator who listens to each person, reflects back what he or she has heard, and then ever so gently attempts to solicit suggestions from the clients for settlement of each issue.

The directed mediator is preferably a divorce litigator who has experience and training in trying divorce cases, and who is thoroughly familiar with his or her judges and what they are likely to do in a given case or situation. This mediator is ideally suited to assist clients in resolving their divorces.

If mediation is attempted but unsuccessful the case will go to trial. Then we brief each and every legal issue that will be presented to the court, and prepare to provide the court with authority on each issue that the court will have to decide. This requires detailed summaries of assets and debts with proposed values of each, and providing the court with a simple concise summary of each area (assets, debts etc.). Then we show the court each person's position on each and every issue, and make it easy for the court to decide between the two positions. This author finds that using some summary exhibit, like that which follows this material, is extremely useful for the trier of fact.

In preparing your case and your client, having identified what is joint and separate, having valued same, and having prepared documentation and testimony to show the court why your proposed property and debt division is fair and equitable, you must then prepare your client and his or her witnesses to testify. This author scripts each and every witness' testimony prior to trial. This author generally meets with each of the witnesses and does dry runs on testimony prior to trial. Without doing this, the client will have no idea of what to expect in a trial, and that uncertainty, and perhaps fear, will diminish the overall presentation of the client's case. In fact, if there is time, I will arrange for the client to watch counsel and opposing counsel try cases.

The admission of documentary evidence requires identification (authentication) by the offering witness. Get your client acquainted with the manner in which you will use your client to get your evidence admitted.

There are general tips that can be given to clients about testimony that are true in all cases. Tell the truth. Answer the question asked. If you don't understand the question, ask the lawyer to repeat the question or rephrase the question. If a question calls for a yes or no answer and can be answered yes or no, do so. If a question calls for a yes or no answer, but can't be answered that way, say that, and ask if you can explain. If the questioner or court will not allow you to explain, the other lawyer can.

Preparing and using financial exhibits in anticipation of trial is absolutely essential in all but the simplest of cases. This author uniformly uses the Pre-Trial Financial Declaration that follows this material in each and every divorce case. Frequently this author will attach summary exhibits to the declaration to verify the input to the declaration. In other words, when, for example, a value is listed for a vehicle, this author would attach to the declaration a copy of the NADA Blue Book Value for that vehicle. Most lawyers do not object to such a presentation, and the court will appreciate your attaching supporting or confirming exhibits to your declaration. In other words, your pre-trial financial declaration is your trial bible, and as you go through it, and have your client testify about it and support it with testimony and summary exhibits, you will carry the court through your presentation.

Effective presentation of evidence at trial requires, again, preparation. Evidence consists of testimony and exhibits which are relevant to the issues at trial. A trial notebook, prepared for the court, yourself and your opposing counsel, is the most effective way to present your evidence. The exhibits are numbered, listed, and summarized in a table of contents. The notebook forces the lawyer to organize his or her presentation, and brings order out of chaos for the court. A notebook is essential in a complex case.

Upon conclusion of your trial in a complex case, most of your judges will ask you to prepare and file prior to the court's decision a set of proposed findings of fact and conclusions of law. Each case, in this regard, is unique. Brevity is a goal in preparing this document because your judge just has too much to do. However, these proposed findings allow the lawyer to recap the evidence as it was presented at trial, and not in the fevered brow of the attorney who is worrying about how to present his case prior to trial.

Appellate procedure in divorce cases is largely the same as that in civil cases. Statute in Oklahoma makes it clear, however, that a divorce decision is immediately effective upon its pronouncement by the court, for all purposes but an appeal. Appeals must be perfected within 30 days from the date that the written decree of divorce is filed with the court. That time may be extended by the filing of a motion for new trial within 10 days after the date the written decree is filed. If a motion for new trial is filed in a timely manner, an appeal will need to be filed within 30 days after the motion is denied. The danger in filing a motion for new trial, however, is that your issues on appeal will be limited to what is raised in your motion for new trial.

Before preparing or filing an appeal, do the research on each issue you intend to present and make sure you are conversant with the standards for review by the appellate court. In most cases you will be required to show that the court abused its discretion. Generally, also, appellate courts affirm trial court's decisions in divorce. If the client's claim is that the division of debts and property are so disproportionate and unfair that the trial court abused its discretion, you'd better have a good case.