Bringing Proof, Evidence, Documents, and Deeds into Divorce Court

    One of the trickiest things to do in court is to bring in evidence or proof of a point you wish to make.  I have seen people bring hundreds of pages - researched, organized, tabbed and carefully reviewed; only to have the judge tell them "I cannot look at any of this."  The reason: there are very technical rules about introduction of evidence. 

   Because the rules of getting "stuff" looked at by the judge are technical, hard to follow, and sometimes totally baffling, I will give you a couple of rules of thumb that tend to work:

• Deeds and Mortgages for Real Estate - you must go to your county government.  Go to the clerk's official records section.  Ask the clerk for a copy of the document and get it certified.  This will cost a bit extra.  The certification will consist of a raised seal or special stamp.  Courts will readily accept certified records.
• Photographs - It does not matter who took the photograph.  As long as you can say to the judge "magic words," the court will accept and look at the photos.  The magic words are: "I am familiar with the scenes in these photographs.  The photos fairly and accurately depict those scenes."
• Cancelled checks - the court should accept and look at cancelled checks under a special provision of the business statutes (called the UCC).  They are known as "commercial instruments" and should be readily acceptable by the court.
• Misc. Government records - government records from any official Florida or United States agency, on official forms, should be accepted under a rule called the "public documents rule."
• Tax returns - under court rules, tax returns are normally accepted.  If you want to make absolute sure they will be accepted - get an actual copy directly from the IRS.  This can come in the form of the original tax return or a transcript of the return.

    This list of "stuff" will get into court with the least trouble.  Other documents or records are more difficult to enter into evidence for the court to view.  If your case requires other "stuff," consult with a lawyer.  You may also want to consult with a lawyer if your case is important to you and introduction of "stuff" is crucial to your case.  Unfortunately, introduction of "stuff" in court is complex even for lawyers.

 

   Divorce can be the single most important event in your life.  Make sure you gather lots of information so you can make informed decisions.  Many people can benefit from the advice of a good, honest, loyal divorce attorney.  The Divorce Center can provide a divorce attorney that can help you protect yourself.  A lawyer is not an expense in a divorce case - they are an investment. We help clients in Hernando County, Pasco County, Pinellas County, and Hillsborough County. Our service area includes Tampa, Clearwater, Largo, New Port Richey, Brooksville, Dade City, and the New Tampa area. CONTACT US NOW or call 888-469-3486