Archive for the 'Divorce Law' Category

Doing Research for Your Divorce Case

Friday, February 3rd, 2006

Before you implement your strategies and tactics, knowledge of the law and proceedings is necessary. Although the law appears to be quite simple, it is really quite complex. This is due to the numerous areas of law, which are integrated into one another. For example, juvenile law, which is also known as the Welfare and Institutions Code, overrides Family Law. Law at the federal level does not always have precedence over state law. Federal law may be used only to strengthen an argument with case law in the state in numerous circumstances.

We recommend that you spend some time in your local law library. There are number of reference books that may assist you in your case. We also advise to use divorce resource books as a means to evaluate the performance and intelligence of your attorney. Some of the more useful volumes to use include the “Rutter Group.” These reference guides are very extensive and can be seven volumes thick. Attorneys use these guides to research your case. They are easy to read and provide assistance and understanding to your particular state laws and rulings.

Serving Your Spouse Divorce Papers

Monday, January 23rd, 2006

Consider yourself served! A stranger walks through the door and hands you court documents in person bringing to your attention that you are being sued. This can happen at any time, at home, work, or even when your walking down the street.

Divorce papers are served in the same fashion typically by a sheriff or private process server. An official summons and petition or complaint for divorce or dissolution of marriage will be deliver in person, so the court has documented proof that the person being served has knowledge of the pending divorce case. Service through the mail is often an option as well, but all documents must be sent certified to the appropriate address.

Serving your spouse can often be avoided, if your spouse agrees to waive the requirement of service by filing an acknowledgment and/or waiver of acceptance. This is most common in an uncontested divorce since both parties are in full agreement. In a case like this, the act of serving the spouse would be an unnecessary court formality and costs that would delay the divorce process.

Evidence in a Divorce Case

Friday, January 20th, 2006

“Admissible evidence” may be a little redundant, since one of the definitions of evidence is “the documentary or oral statements and the material objects admissible as testimony in a court of law.” You see, “admissible” is part of the definition. For the most part, however, people tend to call all the material objects and testimony that is presented in a court of law, or that is collected by the police or investigators in connection with a trial or dispute, “evidence.” “Admissible evidence” simply means evidence that will be allowed into court.

There are numerous ways that evidence could be ruled inadmissible. For example, if you have watched any television shows dealing with the police, or detectives, or criminals, you are undoubtedly familiar with the Miranda warning, which begins “you have the right to remain silent.” This warning originated in a United States Supreme Court case, which said that unless someone is aware of his or her rights under the Constitution and the Bill of Rights, he cannot waive those rights. If evidence is received in contravention of the Miranda warning, for example, if a suspect is not read the warning at all, any evidence that the police may find as a result of the suspect’s questioning is inadmissible.