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Evidence Divorce

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

Smith Debnam Narron Drake Saintsing & Myers,...

How Sucessful are Alienation of Affection Cases?  Factors and Outcomes Explained.

When a marriage breaks down because of outside interference, it can be devastating. Whether you’re a spouse feeling betrayed or someone being accused of damaging a marriage, alienation of affection cases raise deeply...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

Pagefreezer

How Social Media Evidence Is Reshaping Family Law

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The ubiquity of social media in our world is impossible to ignore. Over 5 billion people use social media globally in 2025, representing more than 60% of the world’s population....more

Carlton Fields

Florida Appeals Court Decisions Week of April 14 - 18, 2025

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U.S. Eleventh Circuit Court of Appeals - Kinsale v. Pride of St Lucie - (Fla law) insurance, bad faith, duty to initiate settlement - Pipkins v. Hoover Ala - Fourth Amendment, deadly force - Vargas v. Lincare - False...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

Offit Kurman

We Are Going to Trial! How Your Divorce Lawyer Will Prepare You for Court.

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Going to court can be a stressful and emotionally charged experience. Your divorce lawyer will play an important role in preparing you for court, ensuring that you understand the legal proceedings, and helping you present...more

Dentons

When Your Social Media Relationship Status Says "It's Complicated" Before You Do

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The profile picture suddenly features one parent and the kids smiling at a pumpkin patch. Another picture shows a buff body at the gym. Perhaps a vague motivational quote. Finally, the post about their spouse being a...more

Carlton Fields

Florida Appeals Court Decisions Week of March 3 - 7, 2025

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U.S. Eleventh Circuit Court of Appeals - Gray TV v. FCC - license, forfeiture, owning top stations in market - Liberty Surplus v. Kaufman - insurance, Fla law, course of construction exclusion, settlement proposal - ...more

Zelle  LLP

Redefining What it Means to be a “Domestic Partner”

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More often than not, liability coverage and how the courts interpret insurance policies often reflect current social mores and norms. As the dynamics around domestic households and partnerships continue to evolve, who...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

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Lerch, Early & Brewer

No Need to Hit Record: Your Smartphone is Tracking You (and Your Spouse)

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Since the dawn of cellphones, partners in domestic disputes who suspect their spouse is cheating on them want to see their partner’s phone records....more

Fox Rothschild LLP

Courts Should Not Issue FROs To Address Parenting Issue

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Going back more than three decades, there are Appellate Division cases that offer caution about the abuse of the domestic violence statute to get a leg up in an impending or pending divorce or custody matter. At around the...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

Fox Rothschild LLP

Beware Of These Social Media Blunders If You’re Going Through a Divorce

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It’s 2023. Oversharing on social media is the norm for so many. And interestingly, social media use upticks as spouses are contemplating divorce. A 2014 study published in the journal Computers in Human Behavior found a...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

What Documents Should I Give My Collaborative Divorce Lawyer?

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When a client hires their collaborative divorce lawyer, they must get essential documents and evidence. Otherwise, it is hard for a lawyer to advise their client on what may be fair and reasonable settlement terms. ...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

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