This podcast emphasizes the importance of gathering and presenting evidence in divorce and family law cases. It discusses the challenges faced by judges in determining credibility and truthfulness, and highlights the importance of evidence in various aspects of divorce such as custody issues, financial information, and division of assets and debt. It provides practical tips on how to document instances of the other party being late, gather accurate financial information, and present evidence effectively in court or during negotiations.
In divorce and family law cases, it is crucial to gather, organize, and present evidence that supports the positions taken, as judges rely on evidence to make decisions.
When it comes to custody cases, it is important to anticipate potential issues, create valuable evidence, and demonstrate involvement, commitment, and suitability as a co-parent, countering the opposing side's claims with factual evidence.
Deep dives
Importance of Evidence in Court Proceedings
In this podcast episode, the host discusses the crucial role of evidence in court proceedings, emphasizing the importance of proving claims rather than simply stating them. The court expects parties to present evidence that supports their arguments and substantiates their requests. The speaker acknowledges the need to move beyond storytelling and offers suggestions for gathering and organizing evidence. By establishing a solid foundation and identifying the core areas of a divorce case, such as custody, child support, alimony, and division of property and debt, individuals can anticipate the positions and issues that may arise, enabling them to gather relevant evidence that proves their case.
Gathering Evidence in Custody Cases
In this segment, the podcast discusses gathering evidence in custody cases. It advises listeners on how to anticipate issues, create valuable evidence, and build an organized approach to the case. Specific suggestions are provided, such as creating calendars to document parenting time, recording interactions to demonstrate communication issues, and familiarizing oneself with all aspects of the child's life. The speaker highlights the significance of preparing evidence to prove one's involvement, commitment, and suitability as a co-parent, as well as countering the other side's claims with factual evidence.
Proving Financial Aspects: Child Support and Alimony
The podcast delves into the importance of gathering and presenting evidence in financial aspects of a divorce case, specifically child support and alimony. Listeners are encouraged to understand the calculation methods and goals related to child support, and to gather documents, such as pay stubs, tax records, and records of expenses, to support their claims. The speaker highlights the effectiveness of presenting accurate financial affidavits and worksheets to the court. Similarly, for alimony, establishing the need and ability to pay through accurate budgeting, proof of expenses, and supporting documents is essential.
Division of Property and Debt: Building an Evidence-Based Case
The podcast explains the significance of presenting evidence in cases involving the division of property and debt during a divorce. Listeners are guided to identify assets, determine marital or separate property status, and understand valuation methods. The importance of gathering records, such as bank statements, investment account statements, and debt-related documents, is emphasized. The podcast also emphasizes the need to prove significant spending, wasteful behavior, or disproportionate contributions to debt, ensuring that claims are supported by evidence.
In Divorce and Family Law cases it is not just what you say that counts – it is what you can PROVE that matters most! Judges in divorce cases rely on evidence, and in this episode of Divorce Team Radio Todd Orston, Partner at the Divorce and Family law firm of Meriwether &Tharp, LLC, discusses why it is vital to gather, organize and present evidence that supports the positions you take in divorce, custody and other family law cases.
Get the Snipd podcast app
Unlock the knowledge in podcasts with the podcast player of the future.
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode
Save any moment
Hear something you like? Tap your headphones to save it with AI-generated key takeaways
Share & Export
Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more
AI-powered podcast player
Listen to all your favourite podcasts with AI-powered features
Discover highlights
Listen to the best highlights from the podcasts you love and dive into the full episode