“Yes, Virginia, the Rules of Evidence apply to Family Law Cases just like they do in other legal proceedings.”  Unfortunately, practitioners often fail to recognize the impact of the Evidence Code on family law cases.  In contested family and matrimonial matters evidence is necessary to assist the judge/trier of fact to make decisions on key divorce issues. Evidence is necessary to support a claim or defense, or to discredit the other side’s evidence; that evidence is subject to the restrictions imposed by the rules of evidence.  For example, the judge will need evidence as to the value and division of marital assets and liabilities as well as for the need for and ability to pay support/alimony.  Parents will also need to present evidence regarding a child’s best interest, timesharing and parental responsibility for a Parenting Plan.

Evidence is introduced through witnesses which may include expert witnesses, such as forensic accountants, appraisers, investigators, evaluators, psychologists, and physicians and lay or fact witnesses such as family members, co-workers, teachers pediatricians, etc.  In family cases we also need documentary evidence such as diaries, journals, calendars, bank statements, credit card statements, tax returns, ledgers, spreadsheets, QuickBooks, letters, emails, etc.  In some cases evidence stored in social media accounts such as posts, photos, and videos are relevant to the disputed issues. In cases involving a child’s best interest school and/or medical records are relevant and need to be properly introduced.

Any evidence sought to be introduced, over objection,  in a legal proceeding is reviewed by the judge and the judge evaluates and adjudicates its admissibility. Basic evidentiary rules require that:

1. The evidence be relevant;
2. The proponent establishes a foundation for the evidence;
3. The evidence avoids hearsay; and
4. The witness used to introduce the evidence has personal knowledge.

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