What Is the Monetary Value?
If you’ve seen Judge Judy, you know there are a lot of disgruntled exes who want to be compensated for the junk they’ve left behind at their ex’s house. They are rarely compensated for the junk they leave behind at their ex’s house, especially since they have no proof that their ex still has their belongings. Courts do not have the resources to get involved in he said/she said disputes over items of insignificant monetary value. However, courts may be more interested in helping you recover items—or compensation in place of the actual item—for items that carry objective monetary value. For example, if your spouse kept your grandmother’s engagement ring that you had inherited, and your spouse is pretending that they don’t have it, or refusing to give it back, the court may still be interested in hearing the complaint. A court may also be interested in helping you dispose of your ex’s items if your ex is unwilling to retrieve the items, particularly if disposing of the items would require a serious financial investment—such as hiring movers or junk disposal teams. In family law, judges have a lot of discretion. They may be able to listen to both sides of the story and determine which story is more probable. Remember, in family law you do not have to prove your side beyond a reasonable doubt; you only have to prove your side by a preponderance of the evidence or, in some cases such as custody arrangements, clear and convincing evidence.
How Serious Are the Allegations?
More serious allegations will warrant a more serious investigation. For instance, if you tell the judge that your ex is a narcissist and, therefore, they shouldn’t have any access to the children, that is unlikely to convince a judge, nor will it warrant any investigation. However, the more serious the allegations, the more likely it is that the allegations will be investigated even if there is not a lot of proof that the events did occur. After all, if you allege that your ex has been abusing your child, judges cannot afford not to investigate that thoroughly. Absenting any evidence of abuse, however, the judge will still have to make a determination based on the best interests of the child. If the allegations have been thoroughly investigated, and there’s no evidence that abuse is occurring, then a judge may rule according to whatever they feel is most likely to have occurred.
What Evidence Is Available?
The courts will likely review whatever evidence is available. The more evidence that’s available, the more interest the court is likely to show in the case. Evidence does not have to be cold, hard, undeniable facts that are caught on camera with millions of witnesses. Expert opinions, eye-witness documentation, text messages, screenshots of social media posts, and more, can all be used as evidence. In a murder trial where the standard of proof is much higher than in family law court, Scott Peterson was famously convicted of murdering his wife and unborn son on circumstantial evidence alone. If you have a concern you’d like to bring to court, you may have more evidence than you think you do. Going to court can be time-consuming and expensive. Therefore it is likely in your best interests to bring the matter to your attorney first and have them help you decide whether or not to bring the issue to court. For example, if you have concerns about your child’s safety in your ex’s care, an attorney can help you gather evidence to present to the court, or give you customized advice regarding the next steps to best ensure your child’s safety.
Should I Pursue This Matter in Court?
If you have a claim—your child is unsafe at your ex’s home, your ex stole your grandmother’s engagement ring, your ex pawned your entire wardrobe, etc, but you are not sure whether or not you should get the court involved, you may want to speak with an attorney who can help you understand how likely you are to succeed in obtaining resolution. Different attorneys may have different opinions about what you’re likely to get out of a case; that’s why it’s important to hire an attorney whom you can trust to guide you.
Setting up Your Initial Consultation
If you’ve decided that you need legal representation during your divorce, CoilLaw is here for you. Contact us today to set up your initial consultation.
