Family Law and Hearsay in California

family law attorneysThere is no getting around it – disputes involving family law are hostile affairs that leave no room for amicability.  While some couples are able to work out their issues with relative ease and minimal tension, we’ve found this to be the exception rather than the rule. Usually, feuding couples can’t even afford to look at each other, let alone work out complex issues such as child custody, asset division, and more. There’s a multitude of reasons to recruit the assistance of a family law attorney when dealing with these types of issues in California, and today we thought we would explore one of these reasons: the possibility of having to deal with hearsay in court.

Defining Hearsay

Hearsay is defined by the courts as statements made by another individual and are being presented by someone else as factual evidence, usually to back up their claims and assertions. As one can imagine, hearsay is generally inadmissible in court due to its unverifiable nature. However, there are special circumstances in which the courts can consider hearsay as admissible evidence, such as those dealing with an individual’s existing mental condition, statements uttered during a time of stress, and more.

So how does this relate to family disputes in California? Given the nature of these disputes, arguments will very often boil down to a “he said, she said” situation, which means that both parties will rely on hearsay, and perhaps try to track down witnesses who can corroborate said statements, in order to strengthen their side of the argument.

Why You Need a Family Law Attorney on Your Side

We have seen this time and time again: shrewd family law attorneys and involved parties who have done their homework will strive to have their statements admitted as evidence by relying on exemptions to the hearsay rule. This is why the assistance of a legal professional can provide you with an edge in your upcoming dispute, and this cuts both ways as well. If you are unprepared and lacking in legal knowledge about hearsay and exemptions to the hearsay rule, you can rapidly find yourself at a disadvantage. Needless to say, this is a chance that you cannot afford to take when dealing with issues relating to family law in California.

We hope this brief write-up has helped arm you with useful information and tips on how hearsay comes into play when dealing with family law matters in California. Remember, for more in-depth assistance, and to speak to a qualified family law attorney, know that we at the R&S Law Group, LLP can help. Call us today to schedule a free initial consultation.