I am a pro se litigant (Father) in a contested custody case in Suffolk Probate Court with a trial date coming up in August where Mother has an attorney. Mother continues to lie on her Financial Statement, under-reporting her debt (12k to a former landlord that went to judgment in an eviction case as well as 6k in utilities debt for which subpoenaed records have already been admitted into the record at a motion hearing). By under-reporting her debt she's attempting to make herself look more stable than she actually is. What is the best way to press on this in a trial? Aren't Financial Statements signed under pain and penalty of perjury? Do I include it in my Finding of Fact report after trial, and if so do Family Court judges do anything about this kind of thing? Thank you
Submitted by fatherofdaughter on Sun, 06/12/2011 - 15:38
Representing yourself in MA divorce
I'm sorry, but the fact that you are posting multiple questions on this forum is evidence of a simple fact: If your spouse is represented by an attorney in your divorce, and you are not, you will likely get your butt handed to you at trial. That is not because you are "dumb" and the attorney in "smart", but because that attorney spends all of her time litigating divorce cases, and you are trying to learn it as you go. An uncontested divorce is one thing, but going to trial in an adversarial divorce, where any mistake you make can sink your case, is not a good idea. Your questions are asking about one of the more complicated issues in any trial: the admission of evidence. Frankly, I do not want to try to give you piece-meal information in an effort to try to help you through such a complicated process.
If you cannot afford an attorney, I encourage you to visit the self help center at the Massachusetts Probate and Family Court. Among other things, there you will find information about the availability of free legal assistance. You can also find information about Limited Assistance Representation. In a LAR situation, an attorney will represent you for part of your divorce litigation, but not the whole process. You enter into a detailed agreement defining what tasks the attorney will be responsible for and what tasks you will be responsible for. Compensation is negotiable. So for example, you could use a Limited Assistance Representation to help you with discovery and evidence issues. Please look into it. And good luck.
Your comment seems pretty
Your comment seems pretty harsh. I am confused as to why you don't even try to answer that poor guy's question, which seems pretty straightforward, as I understand it:
First, under Massachusetts law, can he get a neutral witness to give testimony via deposition or does he have to subpoena them to trial ?
If he has to subpoena them then the rest of his questions don't matter.
If he is allowed to have a neutral witness to give testimony via deposition does the opposing side have a right to be present?
Representing yourself in contested divorce
I'm sorry if it seemed harsh. I was going for stern. I wish the gentleman well, but I do not wish to provide bits and pieces of information to his questions (he posted several others) and, in the process, help him down a path which, I believe, is heading for trouble.
It appears that he is extremely interested in getting an acceptable custody arrangement for his child, and I hope he succeeds. But in a contested divorce, the best way for him to do that is to hire an attorney.
deposition
A deposition can only be entered into evidence if the person cannot appear (usually due to death as distance does not matter because they can appear telephonically). The opposing attorney or party has the right to be present if the person is a party to the action. One thing he can do is to subpeona records during discovery. Then the opposing party must prove statements on the financial statements. Financial statements are signed under the pains and penalties of perjury
Thank you for taking the time
Thank you for taking the time to respond. Perhaps I should have mentioned more details than I did (we were never married, we have an existing court order from '07 where I share legal custody and mother has sole physical of our eight year old daughter, a GAL was assigned to our case and issued a 50 page report to the court recommending home base be with me, and every penny I might have had for an attorney was spent on the GAL since I was ordered to pay for it).
I'm not sure if this entices you to answer any of my questions. What I don't need are any more discouraging words about how I'm handling this case--I feel bad enough about not having the wherewithal to pay for professional legal services. I read the disclaimer and understand that responses to my posts do not constitute legal advise.
So, I ask again: any thoughts on the questions I posed?
Thank you
Pro se litigants
Oh boy. I am not trying to discourage you, really. I'm trying to help you. I could answer ten of your questions, but then next week or next month you will have more or, worse, you won't even see the issue until it's too late. Please look into the options discussed above for low cost representation.
Whenever you must establish any fact in litigation, you do it through evidence, usually through the introduction of documents or the use of witness testimony. When you need a witness to help you establish some fact, you should always use a subpoena. Even if they say they will come, they may change their mind or forget, or get sick. Then you will be sitting in court or, if you are trying to depose the witness, with your court reporter, who is costing you a boatload of money per hour, wishing you had used a subpoena. The MassLegalHelp website has a lot of good information about subpoenas and other matters related to divorce litigation. Whether you are attempting to depose a witness or are planning on using them at trial, you must give notice to the opposing party.
I believe, in one of your questions, you also asked about the use of deposition testimony at trial. For that, and all related issues, you should study the Massachusetts Rules of Domestic Relations Procedure. See Rule 32, which allows the use of depositions in court in certain specific situations, such as if the witness is dead, or outside of the Commonwealth. I hope that helps.
good luck.
Thank you for taking the time
Thank you for taking the time to respond. I have seriously considered what you said and have secure a loan to pay for representation. My case is in Suffolk probate and family court. I imagine I should find someone who is in and out of that court regularly. Advice for identifying a good fit for my case? Thanks again