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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 02-17-2013, 08:19 PM
NSmith111 NSmith111 is offline
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Default Does "less is more" apply when filing affidavits?

I was wondering how you folks approached your paperwork. I am filing what is an increasingly complicated notice of motion, for the motion that was adjourned last week for next week.

I know that a judge does not have to take into account anything that is not included in the motion or its supporting documents - so I am wondering if it is best to include everything I have as far as supporting texts, conversations, actions etc, or if I want a judge to see only a couple of points, so I know he can digest everything in the short time allotted.
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Old 02-17-2013, 08:29 PM
involveddad75 involveddad75 is offline
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The best advice is kiss
Keep it simple stupid.
No name calling but keep it to three point a,b,c
Then give examples for each 1,2,3
Then give possible solutions A,B,C

Make as simple and clear as possible. Focus on your story not disproving the others sides story.
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Old 02-18-2013, 12:06 AM
Mess Mess is offline
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If it keeps getting increasingly complicated, the judge may send it to trial. If you want a motion order, keep it to one issue, or a couple of closely related issues.

I agree with involveddad75. Focus on showing why what you are seeking is the logical answer to the issue. Give reasons, some facts to support each reason, and an example of proof for the facts.

Without knowing what your motion is, and what support you are thinking of including, it is impossible to give further advice. If we say, attach as little as possible, and you end up leaving out something that was crucial, whose fault is that?
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Old 02-18-2013, 05:23 AM
Nadia Nadia is offline
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It all really depends upon the issue that is being addressed. Usually the general rule of thumb is to try and keep affidavits brief, especially if this is a regular motion.

But I have also ended up in court whereby the Judge has adjourned the hearing so that the "parties could provide more information" and I have returned to court two weeks later with an affidavit and exhibits the size of the yellow pages.

Regardless, you need to be prepared to walk the Judge through the key issues when you make your oral submisions and draw attention to relevant exhibits to support your point. Assume the Judge has read the affidavit quickly but do not assume they have had time to go through each exhibit.

The key is to try and sort through the relevant versus irrelevant facts. Do not pad the affidavit with information that simply repeats what you have already stated.

You only need to provide one piece of evidence for each point you are making, unless of course you are trying to establish a pattern (of behavior) in which case inserting a table would be more appropriate.
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Old 02-18-2013, 10:12 AM
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NBDad NBDad is offline
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From one of my other posts:

Helpful hints when writing affidavits:

- Judges HATE reading a lot of crap. Be brief, and to the point. (expect your ex to fire back with a bunch of long winded nonsense. If you ever have to file an answer to her, you simply state something like: "I disagree with point X, Y, Z, and note that %ex% has provided no documentation to support these items". or "I believe that point X, Y, Z are irrelevant to the matter before the court".

- Try to keep your affidavit UNDER 10 points. Usually 15 at the absolute most. Less than 2 pages is good. Under a single page if you can.

- IF YOU ARE LUCKY, the judge will actually read the first page, and skim the rest. A brief, simple, and accurate affidavit is going to get you a LOT further. A long winded, huge thing, is just going to piss him off. Let the ex be the one to do so.

- He (or she) who makes the statement, has the burden of proof. (ie. If you say it, make sure you can BACK IT UP). This is where you attach exhibit evidence. You can attach tons of it if you want to. Keep the affidavit simple, but be as thorough as possible with the exhibits. That way if the judge wants to reference it, he can. If you have evidence backing YOUR side up, and the ex doesn't, who is the more believable of the two?

- ALWAYS spin things to how it's in child's best interests. It's easy to get drug down into a mud slinging battle. Don't play that game.

- Focus on WHY YOU are a good parent, and why the time you are requesting is important to the kidlet. Don't focus on why the ex is a bad parent.
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Old 02-19-2013, 04:25 AM
firhill firhill is offline
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Quote:
Originally Posted by NBDad View Post
ALWAYS spin things to how it's in child's best interests. It's easy to get drug down into a mud slinging battle. Don't play that game.

- Focus on WHY YOU are a good parent, and why the time you are requesting is important to the kidlet. Don't focus on why the ex is a bad parent.

Respondent claimed that my proposal to increase access (from one to three overnights every two weeks) was based on my desire to have a fair and just split of time as opposed to being what’s in D2's best interest.

I thought increasing access towards maximum parenting time for both parents was in the child's best interests.


In my case, apparently not, as Judge agreed with Respondent.
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Old 02-19-2013, 08:18 AM
Berner_Faith Berner_Faith is offline
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Quote:
Originally Posted by firhill View Post

Respondent claimed that my proposal to increase access (from one to three overnights every two weeks) was based on my desire to have a fair and just split of time as opposed to being what’s in D2's best interest.

I thought increasing access towards maximum parenting time for both parents was in the child's best interests.


In my case, apparently not, as Judge agreed with Respondent.
It all depends on the evidence you bring forward. You can state whatever you want but you need to have proof to back up what you are saying. Failing that, the Judge won't interrupt the routine the child has.
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Old 02-19-2013, 01:00 PM
firhill firhill is offline
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Quote:
Originally Posted by oink View Post
Firhill, what was the reason for the 1 night every 2 weeks in the first place if you don't mind me asking?
That's what the Judge ordered in the increased access motion I brought last September.
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