News & Analysis as of

Divorce Evidence

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.
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?

Stange Law Firm, PC on

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

Fox Rothschild LLP on

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)

Lerch, Early & Brewer on

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

Fox Rothschild LLP on

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

Stange Law Firm, PC on

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

Fox Rothschild LLP on

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

Lerch, Early & Brewer on

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?

Stange Law Firm, PC on

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

Stange Law Firm, PC on

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

Stange Law Firm, PC on

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

Kohrman Jackson & Krantz LLP

Depp V. Heard: Takeaways For Child Custody Matters Involving Substance Use And Abuse

DEPP V. HEARD DETAILS THE VERY REAL ALLEGATIONS AND ISSUES OF SEVERE SUBSTANCE ABUSE - For the past few weeks, news outlets and social media platforms have been abuzz discussing the celebrity trial of the current moment —...more

Fox Rothschild LLP

A RIGHT RESULT BUT FOR THE WRONG REASONS In Abuse Cases Can the Facts Go Far Beyond the Pleading?

Fox Rothschild LLP on

In a non-precedential case decided on April 29, 2022 a panel of the Superior Court tackled a common and nettlesome question. We live in an age when petitions filed under the Protection from Abuse statute are almost always the...more

Kohrman Jackson & Krantz LLP

The Kanye West v. Kim Kardashian West Divorce Saga Leads To Real-World Lessons

LESSONS AND TAKEAWAYS FROM THE KANYE V. KIM DIVORCE SAGA - If you’ve been monitoring the news in the past few weeks, you’ve likely encountered at least one headline—even if just for a clickbait article—about recording...more

Conyers

Private Client Bulletin - Summer 2021

Conyers on

Welcome to the fifth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. In this issue, we have several notable...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

Stange Law Firm, PC on

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

Burns & Levinson LLP

So you are ready to divorce...what is the process?

Burns & Levinson LLP on

You have considered your options, asked yourself the right questions, and started searching for an attorney. You are ready to get divorced. Now what? In the second episode of our new webinar series, Robin Lynch Nardone and...more

Stange Law Firm, PC

Body language can matter in the family court

Stange Law Firm, PC on

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

Stange Law Firm, PC on

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

Stange Law Firm, PC

Has The Judge Made Up Their Mind?

Stange Law Firm, PC on

In divorce or family law matters, pre-trial conferences, settlement conferences and other preliminary court dates often take place. These court appearances can sometimes take place in open court. In other instances, they can...more

Fox Rothschild LLP

They Put Money Where? Conducting Discovery About International Assets

Fox Rothschild LLP on

It happens to family lawyers all the time. A new client comes in to meet with us for an initial consultation and tells us that his or her spouse controlled all of the money and assets. The new client is panicked, because he...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide