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Family Law Courts Evidence

Carlton Fields

Florida Appeals Court Decisions Week of August 11 - 15, 2025

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U.S. Eleventh Circuit Court of Appeals - Huggins v. Manatee Sch Dist - First Amendment, qualified immunity, amending pleadings - Andre v. Clayton Cnty - Atlanta airport random searches, constitutional challenge,...more

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 21 - 25, 2025

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U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Winstead PC

Court Affirms Order Holding That There Was An Informal Marriage

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In Thomas v. Doolittle, an independent executor of the estate of an alleged husband appealed the sufficiency of the evidence to support the trial court’s order granting appellee’s petition for declaratory judgment, holding...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

Kohrman Jackson & Krantz LLP

When Grandparents Step In: Legal Options for Visitation and/or Custody in Ohio – Part 3

In the first two parts of this series, we explored how grandparents in Ohio can seek visitation rights and obtain temporary custody through parental agreements. But what happens when a grandparent believes that a more...more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Offit Kurman

Challenging a Custody Decision in South Carolina: Understanding the Family Court Appeals Process

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The final judgment of your family court case was rendered; you are very dissatisfied and feel that somehow this decision was wrong. What recourse do you have to right this wrong? Filing an appeal is a tactic that can be used...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

Fox Rothschild LLP

Can a Trial Judge Grant a Final Restraining Order by Randomly Relying on Battered Woman Syndrome?

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Very often, victims or purported victims of domestic violence hear about the concept of the cycle of domestic violence. Also, it is not uncommon for victims of domestic violence not to report acts of domestic violence once or...more

Fox Rothschild LLP

Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility

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Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. Which party is...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

Strafford

[Webinar] Litigating Parental Alienation Claims: Strategies, Investigation, Obtaining Evidence, Role of Experts, Intervention -...

Strafford on

This CLE webinar will discuss the issue of allegations of supposed "parental alienation" and offer guidance for handling a case involving such allegations in court. The panel will discuss the term "parental alienation," why...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

Association of Certified E-Discovery...

Digital Forensics: Revealing Data in Family Law Cases

Digital forensics is the forensic science encompassing the recovery, analysis and presentation of electronically stored information (ESI). The results of a forensic analysis are often provided in the form of expert testimony...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

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