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Divorce Evidence Family Law Courts

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
McGuireWoods LLP

How Does the Attorney-Client Privilege Apply to Guardians Ad Litem?

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Courts sometimes appoint guardians ad litem to assist minors or others. In DeSpain v. DeSpain, Consol. Case No. WD87182, 2025 Mo. App. LEXIS 398 (Mo. Ct. App. June 17, 2025), the court dealt with a lower court’s holding that...more

Carlton Fields

Florida Appeals Court Decisions Week of July 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Heid v. Rutkoski - § 1983, qualified immunity - Nalco v. Bonday - arbitration, vacatur - Sunshine State v. US CIS - immigration, EB-5, annual fee, retroactivity ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Proving Alienation of Affection: What Evidence Do You Need?

Alienation of affection is a unique and emotionally charged legal claim. It allows a spouse to hold a third party civilly liable for intentionally interfering in a marriage, resulting in the loss of love, affection, and...more

Pullman & Comley, LLC

The Go-to Guide for Social Media Use During Divorce

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In today’s hyper-connected world, social media is an integral part of many people’s daily life — so much so that we often take it for granted. It’s where we share milestones, vent frustrations, and document even the most...more

Stark & Stark

How to Present Your Story in Divorce Court: Evidence Strategies

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Divorce and family law proceedings can be emotionally charged and legally complex, particularly when disputes arise over issues such as property division, child custody, spousal support, or allegations of misconduct....more

Kohrman Jackson & Krantz LLP

Available Grounds for Divorce in Ohio: What You Need to Know

For many years now, Ohio has been a “no-fault” divorce state. What does that mean, in a practical sense? In order to terminate a marriage, neither spouse has to prove that one or the other is responsible or “at fault” for the...more

Fox Rothschild LLP

Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed

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Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Evidence in Divorce and Custody Cases

“It didn’t happen if there isn’t a document to prove it.” This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds. In...more

Stange Law Firm, PC

What is hearsay in divorce and family law matters?

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Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more

Fox Rothschild LLP

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

Fox Rothschild LLP on

The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more

Stange Law Firm, PC

The Use of Subpoenas in Family Law Litigation

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Unfortunately, some divorce and family law cases cannot settle without an evidentiary hearing or a trial. When that occurs, contested litigation in divorce and family law matters can require much preparation work....more

Lerch, Early & Brewer

Caught in the Act: ‘It Wasn’t Me’ Cheating and What it Means in Divorce

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What does and does not qualify as “cheating” is, apparently, debatable, as evidenced by the recent pop culture/social media scandals (think Adam Levine, Behati Prinsloo, and Sumner Stroh). However, in the divorce...more

Stange Law Firm, PC

Why Discovery Is Important in Family Law Matters

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Divorce and family law matters involve civil litigation in the family court. However, many are unsure what the purpose of discovery may be in divorce and family law litigation....more

Stange Law Firm, PC

Objections To Testimony and Evidence in Family Court

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Trials in divorce and family law matters can take place in some cases. Many divorce and family law cases settle outside of court. However, for the cases that do not, trial testimony and evidence can have a big impact on the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Top Ten Tips For A Positive Outcome In Your Divorce

Success is not a single achievement, it is a series of continued improvements. When going through a divorce, you may want to turn your fate over to your attorney and courts and hope for the best. However, you play a unique...more

Fox Rothschild LLP

If You Want To Move Your Case To A Faster Conclusion, Consider Mediation And Arbitration

Fox Rothschild LLP on

A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more

Smith Debnam Narron Drake Saintsing & Myers,...

Ebby Nuke LaLoosh and Client Control

Kevin Costner has been in some fantastic baseball movies: Field of Dreams, For Love of the Game, A League of Their Own, and his most entertaining – Bull Durham. In Bull Durham, he plays Crash Davis – “the player to be named...more

Stange Law Firm, PC

The Importance of Exhibit Books at Trial

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Most divorce and family cases settle before trial. To get to a settlement, parties should almost always send a settlement offer. It also makes sense in most instances to settle once the settlement terms are within the margin...more

Stange Law Firm, PC

Body language can matter in the family court

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In any court date in the family court, there are a lot of moving parts. For example, if there is a trial or evidentiary hearing, parties are often worried about the case itself. The case itself might mean worrying about...more

Stange Law Firm, PC

New encrypted applications gaining prevelance

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In divorce and family law litigation, text, email and cell phone records are often important. In many cases, parties seek this evidence in discovery when it bears on relevant issues. Text, email and cell phone records can...more

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