Example trial issue: date of separation
Understanding how the judge makes decisions about the date of separation
At the trial, you prove to a judge that the day you say you separated is the right one. You can also show what your spouse says is the date is not correct. To prove this, you need to know how a judge decides the date of separation.
To make a decision, a judge must consider what the law says and evidence you and your spouse present at trial. To prepare for trial, you'll need to know what the law says, so you can figure out what evidence you'll want to present.
Find out what the law says about the issue
Start by doing some research. A law library is a good place to research more about the law. You can hire a lawyer to help you prepare. Your court's Self-Help Center may have resources.
Family Code section 70 says the date of separation is the date when there's a complete and final break of your marriage.
This means that:
- One of you expressed to the other that you want to end your marriage. This could be through actions or words.
- And, after that, that spouse continued to act like they wanted to end the relationship.
Once you know what the law says about an issue, you can start to think of what evidence you have or need to show that the law supports your side.
Figure out what evidence you need to prove your side
At trial, you will need to either bring evidence, like documents or have someone, a witness, testify in court. Testify means a person comes to court and answers questions under oath.
The judge will consider any evidence that you or your spouse says or shows at trial that is relevant. Relevant means something that helps the judge decide the issue. The judge will consider this evidence and how it relates to the definition of date of separation.
Examples of using evidence to prove a date of separation
Dates of separation are not always clear. At trial, you will need to have evidence that says the date you say is correct. What evidence you need depends on your situation. When you prepare for trial you will need to think about what type of evidence a judge would want to see or hear to figure out your date of separation.
Here are some examples:
-
expressed you wanted relationship to end
- Your friend testifies that you moved in with them
- You bring a copy of a lease you took out for a new apartment
- You testify in court that you told your spouse the marriage was over
-
Continued to act like relationship Over
- You testify that you never moved back in with your spouse
- Your family testifies your spouse no longer came to family gatherings
- You bring bank records showing you opened your own bank account
Use discovery to get the evidence you want for trial
As you prepare for trial, think about what type of evidence a judge would need to see or hear to decide the issue in your case.
- Write down the evidence you need to get
- Make a plan for how to get that evidence
Once you figure out what evidence you need, you can use a court process called discovery to get it. This is a process where you can ask the court to order someone to provide information or answer questions before your trial.
Learn how to use discovery to get evidence