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Gathering Evidence When Representing Yourself in Divorce 

Command the Courtroom
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Some choose to go through a family court case without an attorney and the reason because they cannot afford one.*
Please read the Disclaimer below:
*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.
I know that's the case with many of the people who watch Command the Courtroom weekly videos. They are on their own they're trying to figure it out and make the best case possible for themselves.
This particular viewer asked me if he's representing himself in his divorce case yet he does still have a little bit of money to spend is there some way that he could spend his resources to help him in his case?
I will start out by saying it this is not a one-size-fits-all answer. The answer could depend on the case and the facts and the person and the people involved but if it were me going through a case and I didn't have the resources to hire an attorney but I had a few hundred dollars to spend on something, what i would do is use that money towards gathering evidence that I intend to present during the divorce or custody hearing in the event that the case goes to hearing.
Or gathering the evidence to help support my position when I'm negotiating with the other side. Evidence is everything in these family law cases when you get to trial you have to show the judge your evidence if you are trying to persuade the other side to do what you want or to accept an offer that you've extended or presented to them with the reasons why your offer should be accepted.
Or gathering the evidence to help support my position when I'm negotiating with the other side. Evidence is everything in these family law cases when you get to trial you have to show the judge your evidence if you are trying to persuade the other side to do what you want or to accept an offer that you've extended or presented to them with the reasons why your offer should be accepted, why it is supported and the only way you can do this is with evidence.
There are tons of different types of evidence that you can get to support your case and some of them are free. They can be text messages, email messages, video recordings, audio recordings, voice recordings , phone messages and those are just a few of the types that I commonly seen my practice every day.
There are other types of evidence however that are not necessarily difficult to get but they do cost money and these types of evidence requires subpoenas for example in a lot of my family law cases child support is an issue and oftentimes what I want to do is find out what the other side has going on in terms of bank accounts especially if the other side is the one who has a support obligation and they're not they're claiming that they can't afford to pay child support or that they can only pay limited amount of the day they only make a certain amount of money .
So what I often do in those cases a subpoena bank records and it costs money to issue the subpoena from the clerk of the court and for specific instructions on how to assistant subpoena or issue get subpoenas issued in your jurisdiction.
Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.
Download my FREE ‘Child’s Best Interest Checklist’ at www.commandthecourtroom.com
Facebook: / commandthecourtroom
Web: www.commandthecourtroom.com
My Law Firm: www.hernandezfirm.com

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7 сен 2016

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Комментарии : 21   
@kirstenbrightman4354
@kirstenbrightman4354 5 лет назад
Court is this morning! I'm extremely nervous representing myself but I have a ton of evidence to support my claim that I am a good and fit mother for my 3 children!
@lauranelida5230
@lauranelida5230 6 лет назад
Ever since I saw the documentary "Divorce Corp" I will say I gathered my evidence you do have to dress to impress. Show the judge and opposing counsel that you are smart and professional. They will see..." this person takes the Law Seriously "🤝 🤝 I won my case representing myself and I am now studying to become a paralegal 🤗
@nelidalara1301
@nelidalara1301 5 лет назад
I am a Pro-Se plantif that will say that I have gathered all my exhibits and I have written a evidence list. I am ready to go to family court and win my court case. I have a professional outfit to wear for Court 😉
@LilmissJ111
@LilmissJ111 7 лет назад
Bless you truly, ty so much from an abused father.
@gustavhinaele8427
@gustavhinaele8427 7 лет назад
Are you from South AFRICA?
@divinceocristao3321
@divinceocristao3321 6 лет назад
Thank you so much. Much love and respect. This advice is priceless
@SussyBacca
@SussyBacca 5 лет назад
The most helpful video I've seen on this subject so far!
@SteveandShayTv
@SteveandShayTv 7 лет назад
I am going thru this thank for the video! My ex wants custody because I asked for a child support increase which is way past due.
@handzupchump
@handzupchump 5 лет назад
Thanks for explaining about the hippa thing!
@DTibrey
@DTibrey 7 лет назад
I love your videos! How do I know what to submit in the event of modifying a custody and visitation order as the custodial parent after pressing matters have come up and are not covered in the current order (i.e. communication, smearing, travel, school, medical). Besides usual forms...is there a memo of points and authority, a brief, a declaration, exhibits, or what sort of combination is there. With all the research, it becomes overwhelming and you do a great job of explaining things in a non-legalese fashion for us non-lawyers haha
@marciahammond9735
@marciahammond9735 5 лет назад
Hi Wendy your videos are very helpful. I have been told that I have to provide ALL the evidence that I have before I go to my first custody hearing is this normal. No suprises in court !!!! Thank you
@Army20Veteran20
@Army20Veteran20 5 лет назад
I had every piece of evidence, witness statements, DCF reports, police reports, text messages, recorded phone calls, emails; everything against my ex-wife and opposing councel. The judge presiding disregarded everything I had and limited questions I needed to ask. In a word, I was hung out to fail by everyone involved against me, even the one behind the bench. In addition my constitutionally protected rights were violated by CSEA, with the help of the judge. How should I respond to all that?
@liberation5521
@liberation5521 7 лет назад
Thank you I am so close to pre-trial for transcribing multiple ideas from unsuccessful restraining order attempts is a great idea. I have done every piece of discovery possible. There is no way a cluster B will ever sign a medical release by the way. Request for admissions is a great way also to impeach someone on the stand. I know they're not used often in probate but for very difficult cases where there's been a lot of conflict it's a good idea. I even held a deposition which was useless because the new supply, her girlfriend, just kept repeating I don't know, I don't recall, please repeat the question over and over and over. Waste of money but I'm thinking there something I could do with that because I don't think that should be allowed. Interrogatories are very helpful as well, request for documents although with a cluster B will have to file a motion to compel because they will not give them to you right off the bat. I feel like I should go to law school.
@kellijeray6886
@kellijeray6886 7 лет назад
What about securing text messages from opposing side in family court?
@asianp1067
@asianp1067 7 лет назад
Wendy how fast can you subpoenaed bank records and get then in hand? how much will it cost for say 2 years worth?
@hmongtalk1175
@hmongtalk1175 6 лет назад
Have you ever had a case that use PRIVATE INVESTIGATOR. Before or after filing devorice because spouse was cheating after getting kick out and ask to leave because of the police?. and was constantly treat with restraining orders?
@KkGaming-xg6ed
@KkGaming-xg6ed 7 лет назад
Not only do u give great legal info but u are beautiful in doing it. Question...if I hire an attorney for my family court custody trial, if I am successful in getting primary physical custody awarded by the judge, can I request to get my lawyer fees reimbursed by my child's mother? Keep up the great videos! Thanks!
@kristiiiiiiiii
@kristiiiiiiiii 5 лет назад
Kk Gaming you can ask for anything you want! It doesn’t mean the judge will grant that. I ended up having to hire an attorney because my ex disputed paternity, so it was a huge fee that I wasn’t expecting to have, which my attorney asked the judge to consider reimbursement. It was denied.
@sarahzellner
@sarahzellner 7 лет назад
I have a question. Can a judge grant an immediate danger temporary custody order to the father without the mother being charged for any crime for putting the child in immediate danger?
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