Anyone who has seen an episode of a network television legal show has likely heard the term “affidavit.”
Though the word might be passingly familiar, it is likely not something you encounter on a daily basis and thus may require a bit more explanation to understand how useful affidavits can be in some Minnesota family law cases.
First things first, let’s define affidavit
Affidavits are statements given under sworn oath that lay out a series of relevant statements of fact. Before a person can sign an affidavit swearing to it’s truth, he or she must have firsthand knowledge of the underlying information contained in the affidavit. It’s not enough to swear that someone told you that they saw it happen.
What do affidavits do?
Now that we know what affidavits are, it’s important to understand how they are used. Affidavits appear frequently in a variety of Minnesota judicial proceedings, from criminal cases to civil cases to family law matters. Affidavits are means of introducing pertinent facts into evidence. Attorneys rely on affidavits as means of getting important information in front of a judge so that it can be taken into consideration before a decision is made.
The ease of affidavits
Another way of getting evidence introduced into the record is to have someone appear in court to testify in person. Affidavits are great because they do not require nearly the same level of commitment or inconvenience to the person you are asking for information from. Though a friend or colleague might be willing to write up a quick affidavit, it’s possible that he or she would balk at having to take time off work and answer questions on a witness stand. Affidavits provide an easy way of allowing reluctant parties to offer helpful information.
How do affidavits help?
Though affidavits are used in a variety of judicial proceedings, they can be especially useful in divorce cases. That’s because divorce cases often involve unsubstantiated accusations and counter-accusations that can be difficult if not impossible for a judge to properly weigh. Rather than engaging in a back and forth about things such as bad parental conduct or infidelity, affidavits from friends, colleagues or school teachers can be used to help bolster your case. Affidavits serve as helpful confirmations of your claims and allow Minnesota family law judges to get a more complete picture of disputes.
Even the threat of an affidavit can be useful
Though affidavits are meant to be filed with a court, they can also be useful even if they never make it in front of a judge. The reason is that in some cases your spouse may decide to back off or change tactics if he or she realizes you have collected affidavits from family or friends that back up your version of events. In these kinds of Minnesota family law cases, the mere existence of an affidavit may be enough to get you the desired result.
An experienced Minnesota family law attorney can help walk you through the difficult process of divorce, including offering advice on confusing financial issues such as alimony and helping negotiate emotional subjects like child custody arrangements. For more information on divorce in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 360-4721.
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