What does demonstrative evidence involve in a divorce?
Here are some items you might want to prepare for your divorce
hearing. Remember court is an audio-visual experience. People
remember best what they can SEE as well as hear - this includes
judges who otherwise might fall asleep during your portion of the
case.
* Label the budget clearly; you might use more than one--i.e.,
actual costs of living during the marriage and projected costs of
living separately. * If you are reviewing a budget of a dependent
spouse, check for the possibility that his or her spending
increased substantially at the time he or she first considered
divorce or consulted a lawyer (which may be well before a divorce
action was filed). In addition, look not only for large checks and
charge card bills but also for large cash withdrawals. * Use bar
graphs or charts to show differences in income and assets or
changes in income and assets over time. (Providing advance copies
to the opposing side may help limit objections.) * Use a chart
showing calculations of the difference between gross and net
monthly income. (You might use a computer program, such as FinPlan,
that is designed to make such calculations.)
http://www.finplan.com/finplan/index.asp * Use graphs or charts to
show the source of funds for assets. * Use graphs or charts to
trace the proceeds of specific assets into subsequently purchased
assets or investments. * Use charts or graphs to show an increase
in the value of assets over time (perhaps with notations regarding
the parties' respective contributions). * Illustrate the case by
showing pictures or slides of the house, cars, antiques, clothes,
interiors of vaults and safety deposit boxes, other major items of
personal property, lavish parties, and vacations. * Child custody *
Illustrate the case by showing pictures or slides of the child, the
child's current home, the place to which the child may move, and
any evidence of physical abuse or neglect. * Use videotapes in
custody or visitation disputes to show the child's home and
community, the prospective home and community, and the parent-child
relationship--you might include shared activities and an
illustration of how the parent disciplines the child and deals with
the child when he or she is cranky. Videotapes can be particularly
useful to rebut a claim that the parent has a constantly poor
relationship with the child. * Use bar graphs to illustrate the
time each party spends with the child--who takes care of the child
and when. * Use a one-month calendar to illustrate the requested
parenting plan or visitation schedule. * Use poster-size blowups of
the key language or main factors cited in an expert's report, the
language in an agreement, or statements made in depositions.