There are numerous different types of cases that are handled in family law courts. Depending on the type of case an individual is involved in, the evidence or documents they may need will likely vary.
Most family law cases will require, at least, the following:
- Birth certificates of all parties involved;
- Social security cards for all parties;
- Certificate of marriage, if applicable;
- Divorce decree, if applicable;
- Any previous orders for child custody and visitation or child support, if applicable;
Other documents that are helpful:
- Adoption papers, if applicable;
- Any documents related to name changes, such as a divorce decree; and
- Any other documents that may be relevant to the specific case.
Although an individual may be able to determine what evidence may be needed for their case, it is important to consult with a lawyer before any hearings or court appearances to ensure that they come prepared with all of the necessary paperwork.
How Will This Evidence Make My Family Law Case Stronger?
In any type of legal case, evidence will make an individual’s argument and case stronger. Attorneys are best equipped to advise their clients regarding the types of evidence that will best support their case and how to best present them to the court.
A family law attorney will also be aware of issues that may arise, such as:
- The exclusion of evidence in family law;
- Hearsay evidence in family law; and
- Forensic evidence in family cases.
There are certain types of evidence that may not be permitted during the proceedings under the rules of evidence of the state, for example hearsay evidence. Lawyers are trained in these issues and will know what can and cannot be admitted.
A lawyer will also know if there are any exceptions that may allow the evidence to be entered in a different way, such as hearsay exceptions. In addition, in cases involving children, a forensic evaluation may be done to help determine what is in the best interests of the child or children involved.
Some types of evidence, such as methods of identification, are necessary to show that the parties involved are who they say they are.
How to File Evidence in Family Court
Filing evidence in any court can be a complex and intimidating process that is best left to a professional lawyer. Filing evidence in family court can be even more difficult, especially if the process is contentious and involves an individual’s family or loved ones.
It may be possible for an individual to present evidence in family court on their own but it may have disastrous results if they do not know the rules and miss being able to show the court something important. An experienced attorney will best be able to gather and present evidence that supports an individual’s family law case.
An attorney will also consider the possible issues they may have with admitting certain evidence and will be able to prepare with additional evidence for the same issue or by using an exception to an evidentiary exclusion rule.
What If This Is Not Accepted by the Courts as Evidence?
In some cases, there will be evidence that is excluded by a court during a family law case. This may be based on the rules of admissibility or because of an argument to exclude the evidence from the other party.
If certain evidence is excluded, such as testimony from a witness, a party may be able to use another type of evidence, such as a document, to prove the same fact. Any issues involving evidence are best handled by a lawyer, as they may be technical and often require an argument to the court.
What Types of Claims Are Processed in Family Court?
There are many different types of cases that may be handled in a family law court, including, but not necessarily limited to:
- Marriages and civil unions: The rules governing eligibility to marry may differ in each state;
- Same-sex marriage: This has been legalized through federal law, so the process for same-sex marriage is identical to heterosexual marriage;
- Divorce or dissolution of marriage: These involve couples ending their marriages;
- Other types of issues are often determined during these proceedings, including:
- custody;
- division of property; and
- finances;
- Child custody and visitation: Courts will determine legal and physical custody based on the best interests of the child standard as well as various other factors that differ by state;
- Child support: The amount is usually determined by two factors, who gets physical custody of the child and the the income of the parents;
- If one parent is awarded sole physical custody, child support will be set as a percentage of the income of the noncustodial parent;
- The majority of states require child support to be paid until the child turns 18;
- Spousal support and alimony: This is a financial obligation one of the spouses owes to the other after their marriage is dissolved;
- Alimony may be paid temporary or permanent basis;
- It may be one lump sum or monthly payments;
- Alimony is not automatic, and several factors are considered, such as:
- The duration of the marriage;
- The ability to pay; and
- The conduct of the parties;
- Adoption: There are many different types of adoptions that an individual may pursue; and
- Name change: A name change petition may require a notice of publication;
If the petitioner is a minor, there are additional requirements for consent.
What About Witnesses?
An individual may be able to use testimony from witnesses as evidence to support their case in family court. Generally, the following types of individuals are permitted to act as witnesses in family court:
- The victims themselves;
- Defendants testifying on their own behalf;
- Any individual who wants to testify on behalf of the plaintiff;
- An impartial eyewitness to relevant events that are related to the family law hearing; and
- Any other individual who has information that might be useful in court.
A witness may also be needed during a custody hearing. During this type of hearing, a witness can provide general support for the parent who is seeking custody.
A witness may also be able to confirm information that was previously disclosed related to a parent’s case. In certain cases, expert witnesses may also be used, if necessary.
Expert witnesses may be used when there is a need for testimony that is:
- Scientific;
- Technical; or
- Specialized.
If a witness’ testimony will help a court or jury understand evidence or resolve an issue that is in dispute, they can be brought in. it is important to note that certain information about witnesses has to be gathered and provided to the parties before a trial, including their:
- Name;
- Address; and
- Contact information.
Usually, this information has to be provided by each of the parties at least 30 days prior to their trial date. It is important to consult with an attorney, however, because this requirement may vary by jurisdiction.
How Can a Lawyer Help Me With My Evidence?
Family law issues are often delicate matters and may involve many different types of evidence. If you are involved in a family law issue, the outcome may affect the rest of your life as well as members of your family.
It is best to consult with a family lawyer for any type of family law issue you may have. Your lawyer can explain the evidence that may be needed in your case as well as the best way to present it to the court.
Your lawyer will also represent you during any family law proceedings to present the evidence in the best way possible as well as help protect your rights.
