A Nassau County divorce evidence lawyer will assist you with finding the right information you need if you are trying to initiate divorce based on fault grounds. Furthermore, a Nassau County divorce evidence attorney may be crucial to the illustration of appropriate equitable distribution of property.
Some parties who realize that they may have a pending divorce may try to hide property or make it difficult for you to figure out exactly how much their business is worth. These kinds of negative behaviors may impede your financial success and life after a divorce, which is why it is so important to retain an attorney who has a track record of fighting hard on behalf of people who believe that they are being disadvantaged by inappropriate presentation of divorce evidence. A divorce evidence attorney in Nassau County will assist you with putting together the various information that needs to be presented to the court to give them an accurate picture. Oftentimes, divorce cases or custody cases in New York will go to a fact finding, a hearing, or a trail.
This means that your case will be heard by the judge based on the facts and the testimony will be removed from electronic data, videos, documents, and testimony from the parties. This can be admitted into evidence and used as consideration by the court.
Although grounds for divorce are rarely an issue because many people are filing based on the no-fault rules for irretrievable breakdown of a marriage, the traditional grounds for divorce that are based on eth fault of one party can still be raised an as a result, you may be allowed to hear your case as default by a jury. The judge will emphasize the importance of putting grounds for the divorce case early on because it will cost a great deal of money to try at fault and the situation may only become more escalated and inflammatory as a result.
Many people choose to plea grounds under the no-fault statute because it requires less time in court and less money, however, there are times when fault is relevant in a divorce trial. In a custody case, the court must consider domestic violence allegations and one spouse can argue domestic violence as it pertains to spousal support as well.
Many cases are settled before they get to the stage of an evidentiary hearing, however, your divorce evidence lawyer in Nassau County should always be trial ready because you never know when the court may require you to become a witness and go to the stand and give testimony. In many of these cases, you will be given appropriate time to prepare but the collection of the relevant evidence can help avoid having to put you on the stand and can give you greater understanding of what to expect. Every trial or hearing typically starts with an opening statement made by the attorneys for the spouses.
The opening statement is not considered evidence but rather is the overview to explain to the judge the legal arguments the attorney may be making through evidence. There are rules of evidence that require attorneys to follow specific procedures before asking a judge to consider pieces of evidence such as documents. All evidence can be offered for considerations so long as it appears to be relevant to the case and so long as the opposing counsel doesn't put together an objection. However, there can be questions about reliability of evidence and this is why you should retain an attorney who cares about following the law and understanding your interests as much as possible.