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Knowing about hearsay can be important in family law

Family relationships and divorces can run the gamut when it comes to amicability. Some couples are able to fairly resolve their issues on their own with little or no help from an attorney. Others, though, can barely look at one another, let alone talk about important family law issues like property division and child custody. For these individuals, the assistance of a qualified attorney can be extremely beneficial. There are many reasons why, but this week we will look at one in particular: the ability to handle hearsay matters.

Hearsay is a statement testified to in court which was made by another individual, and the statement is being offered for the truth of what was asserted within that statement. Generally speaking, hearsay is inadmissible in court. However, there are numerous exceptions to this general ban. Statements made by a party opponent, for example, are exempt from this rule. So, too, are statements regarding one's existing mental condition. Even statements made during a time of stress can be deemed excited utterances and thus exempt from the hearsay rule.

Why is it important to have someone on one's side to deal with this issue? Simply put, many family law cases boil down to a he said, she said scenario. Although there may be witnesses that could help corroborate or deny certain claims, they can sometimes be difficult to track down. However, by utilizing exceptions to the hearsay rule, one may be able to get important evidence admitted before the court. Additionally, those who don't know about hearsay may fail to defend themselves from the other side's use of it. This can leave one at a significant disadvantage, as lacking legal knowledge about other legal aspects of family law can be detrimental.

This is just one way that a family law attorney can help ensure that an individual is as fully protected as possible when facing contested issues. There are many other areas of the law in which qualified attorneys are skilled. By having these skills at one's side during divorce and other family law proceedings, an individual can take comfort knowing that his or her interests are being competently put to the forefront.

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