New York Divorce Evidence
If you need to initiate a divorce filing, it is important to retain the services of an experience divorce evidence lawyer in New York. A divorce evidence attorney in New York can prepare you for what to expect and review the evidence you may have already connected. Hearings and trials in New York divorces are typically associated with topics such as custody, child support, equitable distribution and grounds for divorce. Although the majority of these cases are settled without having go to trial, many trials are still scheduled for some or all of these issues. In trial, this information is usually shared in discovery.
Other hearings may also be held for modifications or contempt of orders, but those previously mentioned are the most common. In all of these situations, you need the assistance of a New York divorce evidence lawyer to help you prepare your materials and put them into a chronological and organized fashion for equitable distribution.
Grounds are rarely an issue as a result of the passage of the no-fault law in New York in 2010, which requires at least one party to swear that the marriage has been irretrievably broken for six months.
A trial might be necessary, however, if one party insists on fault based grounds that are disputed. Some evidence however, may be admissible at a divorce trial, but you need to consult with your attorney to figure out whether this applies to you. The general rules of evidence will apply at the majority of civil trials whether it is family court matter, divorce or other issue.
This means that all relevant evidence is admissible unless it should be excluded based on a rule of evidence. Irrelevant evidence is not with pursuing in trial, if it is objected to by the judge or the opposing side. Evidence has a tendency to show or not show the existence of a fact associated with the decision on a relevant matter. If it appears that a source of evidence is nonreliable, it may still be deemed admissible and may not carry a tremendous amount of weight. What value is given to the evidence is ultimately left up to the court and the judge. Even relevant evidence however, could be excluded, if the probative value is outweighed by undue delay, waste time or unfair prejudice.
After any opening statements are made, it is time to prepare your evidence. This usually begins with the plaintiff going through the testimony of their witnesses. The rules of evidence require that certain out of court statements that are offered for the truth of the matter asserted is hearsay. However, there are expectations to the hearsay rule and your New York divorce evidence lawyer can help you.
Typically, courts will tend to allow statements made by the party or made between parties even if it is not an admission. Some of the other common hearsay exceptions include certified government records, properly certified business records, excited utterances and dying declarations.
Objections to improper evidence, improper answer and improper questions must be made in order to exclude evidence and to preserve the trial record. This can be done by hiring an experienced divorce lawyer, who has years of experience practicing in this field, and who is thoroughly prepared to assist you with all phases of your case. The right divorce lawyer can have a significant impact on the outcome of your case and this should be taken seriously and used to retain only an attorney you can trust.
Evidence needs to be gathered and presented in the right manner in order for it to be effective in court, so make sure your lawyer has experience doing this.