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He Said-She Said: How Hearsay Affects Your Case

How He Said-She Said Battles Play Into Your Family Law Case

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Family law cases are extremely personal and emotional — whether it’s a divorce or a child custody hearing. With high-stake decisions being made about the future of your family’s dynamic, defendants often use he said-she said type conversations to their defense.

Often called hearsay, this type of evidence plays a large role in the outcome of many family law orders and can prove to be frustrating and stressful. Luckily, our team is here to walk you through the entire process.

What is Hearsay?

By definition, hearsay is an out-of-court statement that is either written or oral, offered to prove the truth of whatever it asserts. Affidavits or statements "under penalty of perjury" are sworn statements that are considered hearsay.

Is it Admissible in Court?

Though typically inadmissible, hearsay in family court can be submitted by either the parties themselves or those close to the family such as a teacher, nurse, extended family member, or child. These statements are considered “excepted as provided by law" and can be recorded before a hearing.

However, he said she-said style claims can often create a lot of contradicting back and forth between spouses. Hearsay is often considered problematic by many judges as it is also presented during oral debates in court. Hearsay has been long used to inflame bias in cases to skew the results of court orders such as spousal support or custody agreements.

Preventing Hearsay from Affecting Your Outcome

He said she-said claims affect the outcome of your family law case. The best way to protect yourself and your family is by submitting your own hearsay statements and limiting the ones submitted about you by:

  • Communicating in writing to your ex-spouse and other family members.
  • Recording your conversations according to state law.
  • Create an agreement surrounding conversations.
  • Create memos of conversations to protect accuracy.

Having a Family Law Attorney on Your Side

Above all, having an experienced, seasoned family law attorney on your side who can handle these claims is essential to the successful outcome of your case. No matter your family law issue, trust our team of experienced attorneys at Sullivan Law & Associates to help with your case.

Book a free consultation today online or by calling (949) 565-2793, and Click here for more free resources to help you with your case.

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