What Types of Information Can Be Used in a Family Law Courtroom?

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday August, 31, 2020.

With the country’s constantly-changing laws – combined with a swarm of misinformation – determining what information can be presented in legal matters can be a daunting task. Generally speaking, all presented evidence must be both legally obtained and pertaining to the issue being litigated.

Information That Can Be Used in a Family Law Courtroom

Admissible evidence and testimony include the following categories:

  • “Writings”: Any legally-obtained document that is pertinent to the matter under litigation can be presented as evidence. Whether the document is text-based, imagery, or a combination of both is not relevant. The form of the writing – whether it be physical or electronic – is immaterial as long as the writing is complete.
  • Witnesses: Any person with direct information or relevant expertise can provide testimony for either the plaintiff or the defendant. Witnesses are generally divided into three categories:
    • Witness of Material Fact: A witness of material fact has observed or heard incidents that pertain to the legal proceedings.
    • Expert Witness: An expert witness is an accomplished individual whose area of expertise overlaps with the issue being litigated.
    • Character Witness: A character witness is someone who knows one of the litigants and is summoned to testify regarding the litigant’s moral code and behavior.
  • Social Media: Any social media that can be printed in its entirety is considered admissible. We’ve previously discussedthe implications of displays of indulgence or excessive displays of childrens’ development. It’s advisable to be wary of what to share online, as seemingly-innocuous posts can be detrimental in a court of law.

Information That Cannot Be Used in a Family Law Courtroom

Any evidence that can be proven as illegally-obtained or unrelated can be dismissed. These include:

  • Illegally-obtained recordings: Wiretaps obtained without warrants, illegal recordings, and any media that can be considered an unauthorized breach of privacy are not valid evidence in family law.
  • Irrelevant evidence: Any evidence that is not relevant to the matter under litigation can be excluded after a successful objection. Also, evidence that can be considered prejudicial can be blocked from the legal proceedings.
  • Unauthenticated writings: Documents that cannot be validated are subject to exclusion.
  • Testimony that a witness cannot corroborate: Remarks that are hearsay – unverified testimony about what a third party said – or demonstrate a lack of personal knowledge can be removed from the court record.

It’s important to know what evidence can be admitted and when to object to the opposing counsel’s evidence. Call the attorneys at Wickersham and Bowers today for a consultation!

Serving Daytona Beach and surrounding areas.

Social Media Implications Relating to Family Law

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday, July 16th, 2020

Today social media has become part and parcel of our daily lives. So much so that it can be used in a court of law to prove certain facts. As in other parts of the law, social media has changed family law quite a bit. Here are some of the corresponding implications. 

Social Media Content Is Now Admissible In Court

Since social media has become an integral part of our lives, digital content can be presented to support or demolish certain facts and narratives of a particular case. When the content has been legally obtained, the judge will allow the content into evidence and if it contradicts formally made statements such as affidavits, it can raise some very serious credibility issues. These may build or damn your case altogether. 

Content That Can Impact a Family Law Dispute

It’s always important that people take extra care when posting content online. These photos, videos and posts can be used against you in a court of law and end up costing you the case. During a family law dispute, sharing certain type of data can be detrimental to your case. This includes sharing private information concerning your children, spouse or the court case. You can also get in trouble by posting content that depicts dangerous, antisocial behavior. In custody cases, this content can be used as evidence of showing that someone is an unfit parent or that they don’t deserve to have custody of the child. 

Child and Spousal Maintenance

In cases where one party is looking for parental support for a minor or even spousal support altogether, social media posts can be used to make a case. Often the court will order one party to pay a certain amount of money every month. From this order, a party may claim hardship which means that they cannot fulfill this obligation. To show that the other party is being untruthful, social media content such as photos of someone living lavishly can be used to support their claim. This can include digital content depicting holidays, new asset acquisitions, eating out can be very compelling evidence for your side. 

It’s important to keep track of what you post on various social media platforms. Always think twice before you post as a single post can do a lot of damage in a family law court. Call us today if you need help with your family law case!

Taking Care of Your Family First

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday, June 9th, 2020.

When you are looking to make the next step of your life a permanent one and seek a divorce, you need trusted attorneys who will help you through this time and who will benefit you and our family. At Wickersham & Bowers, we have over sixty years of experience that will help guide you through the legal procedures and law claims of divorce. We are compassionate and trustworthy, and have a results-oriented process that is individualized to you in all aspects of this procedure. We help couples and families take the steps necessary to protect their families while having the best protection through ethical services and legal counseling. 

Our Services

We offer the following services: 

  • Modification of court orders
  • Condemnation of real property 
  • Spousal support
  • Property division
  • A contested and uncontested divorce  
  • Contested and uncontested legal separation 

When you have children, they need to be taken care of. Plus, they need to be surrounded in a safe and caring environment full of support and love. Make this process easier on your family by letting Wickersham & Bowers support you. We help families create the best legal agreements to protect their child’s interests and make sure that they have the safety and love they need. 

Your Case is Unique

Each family, just as each couple, has unique circumstances and requires a more tailored approach, which is what we offer as a part of our family consultation. We offer services such as the following: 

  • Visitation
  • Child custody, including joint custody and disputes 
  • Family rights, including father’s rights, grandparent’s rights, and mother’s rights  

At Wickersham & Bowers, we understand that you need an expert team that can provide the best with confidence. Our personalized approach lets you work closely with trustworthy legal counsel. We will provide representation and you gain from the results from our legal team. Avoid do-it-yourself legal documents that you will find online, or any claims that you see on 

Divorce cases skyrocket due to cornavirus.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday, April 30th, 2020.

People all throughout the world are living through truly unprecedented times today. A global health crisis coupled with various stay-at-home and shelter-in-place orders and the resulting severe economic and personal financial downturns are wreaking havoc on professional and personal lives. 

While it is easy to see the obvious casualties of this pandemic in the forms of jobs and investment portfolios, there will be many more negative repercussions of the coronavirus both now and in the future. For the purposes of today’s post, we will be focusing in on one in particular; divorce

And for those readers who may already be facing this life-changing event, the family law experts at Wickersham and Bowers are highly experienced in these matters and are having to take on record numbers of these clients as a by-product of the Covid-19 pandemic.

Unforeseen Effects of a Pandemic

This virus and the wave of destruction it has left in its path is the perfect example of how one, seemingly unrelated event, can have a profound impact on other areas of society or personal life. Divorce filings are skyrocketing as couples are forced to spend extended time together without the opportunity to take a break and spend a little alone time or socialize with friends.

Close Quarters and Cabin Fever

There have been plenty of clinical studies done on the effects of spending long periods of time cooped up in one place. The layman term for it is cabin fever or going “stir crazy”. When two people are constantly right on top of each other for days on end it does not matter how much they love each other; eventually they will grow tired of the other’s company.

Additional Anxiety to Existing Stress

And when you consider that many of these marriages may have already been on shaky ground due to financial troubles (which have only been amplified by the coronavirus) or any other reason, they simply cannot take the added turmoil and stress. If you find yourself in this situation, there is no reason to be ashamed or embarrassed. 

Unfortunately, it looks as though separation and divorce are going to be one of the lasting effects of Covid-19. But you don’t have to handle this alone, either. Simply get in touch with the experienced legal professionals at Wickersham and Bowers, they know how to help.

Contact us today for a consultation.

Family Law 101

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday, April 15th, 2020.

Many different areas of the law and the specific practice of them can be very sensitive and delicate. This is probably no truer in any other legal situation than that which deals with those whom you most care about or have personal relationships with; family law. 

When you are involved in any type of dispute (or even just the need to consult with an attorney), chances are that you are already putting a strain on a once close and important relationship. Having a compassionate and caring legal specialist can help make sure that that relationship can continue to be a strong and healthy one.

The Sensitivity of This Area of Practice

The thing that makes this specific legal practice so delicate is the fact that there are usually heightened and intense emotions involved. This isn’t two strangers in a dispute about a contract or someone facing some type of criminal charge, this is often times two or more people who either at one time or still now love and care about each other deeply, and one (if not both) parties feel hurt and betrayed by the fact that whatever is going on between them has now come to the point of getting the law involved.

Various Examples and Different Scenarios

Common instances of this type of legal practice include prenups, marriage and divorce, child custody, alimony and child support, business or financial agreements between family and friends, and several others. Mediation, negotiation, and litigation all take on a very different feel to them when the person on the other side isn’t some stranger or random individual, but rather someone you love. 

That is why it is of the utmost importance that someone who is empathetic and cares as much about repairing relationships as representing the law is crucial to the situation being resolved in truly the best manner.

Relationships are More Important than Law

In the end, the person on the other side of the table (or courtroom) is probably someone that not too long ago you never would have dreamed you would be on opposite ends of a legal battle with. The family law experts at Wickersham and Bowers have seen countless of these scenarios play out, both positively and negatively. And they want to make sure that when it’s all said and done, you not only get the results you were hoping for but also the restoration of a relationship with your family member or friend.

Contact us today for a consultation.