Getting to know some vital and typical objections during a divorce is important for both parties that are going through the process to stay better informed and to know what is happening in court. Objections are a vital part of any trial proceeding as they help the judge understand the case factually.
To help get familiar with objections in general, let’s talk about some very common objections that are raised in family law proceedings.
Hearsay
Any statement made by the opposing party’s attorney or the witness they bring in that does not substantiate a fact and is merely a statement that is asserted by something experienced by the witness is known as hearsay and objectionable in court.
For example, the following statement by a witness, “I heard so and so say that Paul was having intimate relationships behind his wife’s back”, is pure hearsay and must be objected to quickly so that the judge strikes the statement off and does not make it admissible.
This is a justified action as the witness is essentially making a statement on behalf of the person who saw or heard anything about an affair. Plus, it cannot be proved either way.
Relevance
The next most common type of objection is based on the relevance of the evidence or statement. You see, judges must weigh in a lot of testimonies and decide based on the relevance of those statements in line with what the case is about.
For example, a statement or piece of evidence is relevant if it helps make the fact reasonably probable or not, especially if there is no evidence to begin with. Second, it will also be relevant if it directly corresponds to the action.