When discussing a San Diego divorce with someone who isn’t a lawyer I routinely get asked what happens when there is no “evidence” to support an issue in your divorce? Legal dramas on television are often to blame for this one, because most people don’t realize how often important events take place somewhere without security cameras. Does that mean it didn’t happen? Does it mean it can’t be proved? No and No.
This sometimes leads our San Diego divorce clients to not even tell their attorney about important issues, or events, because they don’t feel like they (or opposing counsel) can prove it. Tell your experienced Certified Family Law Specialist at Burke & Domercq about any important occasions or events, and let us help you make that decision.
You see, evidence is all around us. Proving something happened does not require video, or a smoking gun. Witnesses can testify to anything they see, hear, feel, or smell. If the judge finds that they are believable, their testimony is likely enough to prove something happened. When witnesses are testifying, it is often very clear who should be believed, and who should not. This is incredibly important in family law because so many of the conversations, and interactions in issue have taken place in private.
Discussing a San Diego divorce with someone who isn’t a lawyer can and will hurt your case. This is especially true if the “divorce expert” you are listening to is your former spouse! I think it is fair to state: “Never take advice about your own divorce from your former spouse.”
On numerous occasions I have been told by an opposing party that “even if that did happen, you can’t prove it!” only to put on evidence, in the form of my client’s testimony, which proves something important to the case. All of this is to say that, even if you don’t think you can prove something, make sure to tell your Burke & Domercq divorce attorney everything about your pending case, so that we can offer our experience and legal skill to help you as much as possible.
Crucial evidence can change the outcome in child custody and parenting time, spousal support, even property division. When discussing a San Diego divorce with someone who isn’t a lawyer I’m often surprised by the incorrect perceptions they have about family law due primarily to TV, the movies and social media. If you want to know the genuine answers to your questions about a San Diego divorce we invite you to protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.