| "Dad is a drug dealer" | | | | about crummy things the other party did: affairs, not |
| "The Mother only cares about money" | | | | doing housework, having an ugly tattoo... you get the |
| "She stole from her boss in another state" | | | | picture. In Florida we have "no fault" divorce because |
| "He makes income under the table" | | | | judges don't want to listen to spouses bad mouthing |
| It is so frustrating to know something and not be | | | | each other. Sometimes this will come down to the |
| able to use those facts to help your divorce case. | | | | creativity of the lawyer and the issues in the |
| For the moment let's forget why the rules are there, | | | | particular case. For example, even with no fault |
| who cares - you are stuck with them. The following | | | | divorce, if one party used marital money (including |
| is a list of some of the rules of the courtroom game. | | | | their own paycheck) on an affair, this is dissipation of |
| Keep in mind as with every legal rule, there are | | | | marital assets and is admissible in court. Or if one |
| exceptions to exceptions to exceptions. This is just | | | | party is asking for more alimony because of the |
| the basics. | | | | special efforts they made to the marital relationship, |
| 1. Hearsay. Here is the deal: typically a witness cannot | | | | not having taken care of the kids and household as |
| repeat what someone else said. Big exception in | | | | agreed might be admissible to defend against that. |
| divorce cases is that a witness can repeat what the | | | | 4. Witnesses. Having a witness who knows about |
| other party said. Lots of exceptions, but usually - no | | | | stealing, smoking pot, lying, child abusing, swearing, or |
| repeating what child, teacher, boss, cop or neighbor | | | | anything else is meaningless unless that person is |
| said. | | | | willing to COME TO COURT and testify under oath to |
| 2. Documents. The judge cannot consider any piece | | | | those facts from their personal knowledge. Letters |
| of paper that is not put properly into evidence. Lots | | | | to the judge, worthless. Having a witness who might |
| of times in domestic cases the two lawyers agree to | | | | come to court if they are not busy, close to |
| let each other put all kinds of documents into | | | | worthless. Will come if subpoenaed and will grudgingly |
| evidence. If not, a witness who is qualified to put | | | | tell the truth if asked under oath...scary, but now we |
| that document into evidence must do so. To make it | | | | are getting somewhere. |
| even trickier, a document that is offered to prove | | | | There is nothing worse (well, not a lot of things) than |
| what is written is also hearsay. So some documents | | | | spending thousands of dollars to get your case ready |
| just cannot be put into evidence (like a letter written | | | | for court only to find out that the bombshell facts |
| by an ex of the other party to talk about how bad | | | | you wanted to lay on the judge cannot be told. |
| they are). | | | | Better to be considering at the front end what you |
| 3. Relevance. Evidence must be relevant to an issue | | | | really have, what you will need to develop to make |
| at trial. This most often comes up in divorce cases | | | | your point, and how to compare the real strength of |
| when one party really wants to let the judge know | | | | your case to any settlement offer you may make. |