Common Types of Documentary Evidence for Dissolution and Allocation of Parental Responsibilities and Authentication

Are you involved in a divorce or child custody case? You are probably feeling a bit overwhelmed at life events and the legal process. The good news is that you can take charge and seek expert assistance. It is important to educate yourself and learn about evidence and how to authenticate it.

You will present your case through evidence. In an allocation of parental responsibilities action the court will consider generally parenting time, parental decision making and child support. In a dissolution, the court will also consider property division to include debt as well as spousal maintenance. If there are children, allocation of parental responsibilities is part of the dissolution. Evidence can vary widely depending on the issues in your case, however here are some common types of evidence presented in pre-decree cases:

• Parties’ Sworn Financial Statements (SFS)
• Parties’ last 3 three pay statements
• Childcare receipts
• Medical insurance premium documentation
• Child support worksheet
• Proposed parenting plan
• Academic enrollment information for parents
• Any criminal background investigation report for the opposing party
• Therapy or medical report

• Spouses’ Sworn Financial Statements (SFS)
• Spouses’ last three pay statements
• Asset debt sheet for property allocation
• Documentation to support each item on the asset debt sheet
• Proposed separation agreement
• Maintenance worksheet
• Maintenance advisement if at least one party is self-represented

When you present documentary evidence you have to authenticate it. This means that you have to establish to the court that the evidence is what you are stating it to be. Some evidence you can authenticate yourself and others you will have to authenticate through another witness or a business records certification. You can authenticate a financial document that you prepared or obtained from one of your accounts. This is because you have firsthand knowledge of these statements. Another witness is necessary to authenticate if the document contains "hearsay"; an out of court statement offered for the truth of the matter asserted. Hearsay is not admissible as evidence, however there are certain specified exceptions to the hearsay rule. There are many rules of evidence that must be followed in court, and they are set forth in the Colorado Rules of Evidence.

The basic elements of authentication are:

• That you recognize the document
• How you recognize the document
• An identification of the document
• That the document is a fair and accurate representation of what you state it is

Tip: If the other party is willing to "stipulate”, agree, to admissibility of an exhibit, then you don't have to authenticate it. You could also obtain a business records certification from an entity that keeps a record in the normal course of business because that is a hearsay exception.

Here are some examples of how to authenticate common types of evidence:

• Parties’ Sworn Financial Statements (SFS)

You can authenticate your own financial statement by pointing out that you prepared and signed it on a particular date under penalty of perjury. You can have the other party authenticate their statement in the same way.

• Parties’ last 3 pay statements

Parties can authenticate their own pay statements because they receive them from their employer and their names are on the statements.

• Childcare receipts

Parties can authenticate their own childcare invoice and payment documents from a daycare center because they receive them from the center and their children's names are on the invoices. Additionally they pay the invoices.

• Medical insurance premium documentation

Parties can authenticate their own medical insurance premiums listed on pay statements as deductions because they receive the statements from their employer, their names are on the statements and the premiums are deducted from their pay.

• Child support or spousal maintenance worksheets

Parties can authenticate their own support worksheets because they prepared them, and they can state what income numbers they utilized as well as their representations of other factors on the worksheets.

• Proposed parenting plan

Parties can authenticate their own proposed parenting plan because they prepared it and they can state what provisions they included.

• Academic enrollment information for parents

Parties can authenticate their own academic enrollment documents because they obtained them from their academic institution on a particular date and their name is on them. Additionally they are involved in program funding.

• Any criminal background investigation report for the opposing party

Official government records are a hearsay exception as long as you have a business records certification from the custodian of the records.

• Therapy or medical report

You will require a therapist or doctor to testify as a witness about the treatment and their records regarding same.

A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating and advising as to evidence and authentication. Give yourself the benefit of hiring one. Sabra Janko from Janko Family Law has 24 years of legal experience and protects your best interests and ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.