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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-27-2015, 06:54 PM
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Default Using emails in affidavit question

Hi everyone I'm back with another question. Yesterday we went to FLIC to ask some questions, see if we were on the right track with the reply. As a little background at one point for about 6 months my SO's ex insisted that since the communication was so bad between them and they couldn't afford a 3rd party communicator, her SO and I should be the intermediaries so we could take emotion out of their replies to each other. For a while it actually worked they were having very little to no conflict.

Of course that didn't last but there are some key emails that were exchanged between myself and her SO that we had included in his draft affidavit and the woman at FLIC said it couldn't be used unless I swore my own affidavit or the SO and I were made parties to the action. I don't want to do either so I'm wondering are the hard emails not enough evidence? It's not here say when you have the email saying Here is so and so's reply is it? I can't see any benefit to adding him and I as parties and my own affidavit feels like overkill.

Thanks again for all the help you have given us!
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Old 06-27-2015, 07:10 PM
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Wow. You really HAVE been involved heavily (past and present) haven't you?

First of all, even if you wanted to (which I suspect is the case), you likely would not be made parties to the action.

Secondly, it is your PERCEPTION only, that your involvement helped matters.

Finally, I would suggest that you step back from things, as opposed to muddying the waters more, and let the two people who are named parties to the litigation figure out how to deal with each other.
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Old 06-27-2015, 07:34 PM
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Your perception is very wrong - I do not want to be named as a party. How on earth would that benefit me? Aside from the fact that there is zero benefit to me, I'm a foster parent to my nephew, being named a party on any action in family court makes my life more difficult and opens me up to more scrutiny in other areas. I am involved because he asked me to help him. Just like I asked him to help me when I was going to court with my ex. I don't tell him how to handle it and he doesn't tell me how to handle issues with my ex. Helping when asked doesn't equal meddling and interfering.
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Old 06-27-2015, 07:55 PM
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I believe the FLIC lawyer is correct. If you are going to a motion the affidavit must be that of your partners not yours. This is similar to trial where you can testify to what you have seen and heard but not to what others have told you. If your case goes to trial you can be called as a witness and then recount the emails into evidence. This is my understanding....but I'm not a lawyer.
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Old 06-28-2015, 03:39 AM
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Thank you Anna. We will leave those emails out all together and go from a different angle. It was something she noticed at the end of our 20 minutes with her so she didn't have much time to get in to specifics. We figured it was better to verify.
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