Trial – Case Theme – What to Prove, How to Prove It

Building Your Case Around Themes

What exactly am I trying to prove? How do I then prove it?

The main theme an attorney that is representing a wife will attempt to place before the judge and jury is she needs significant assets and supporting award to be able to survive after the divorce. The corollaries involve wonderful and a comfortable lifestyle that parties have enjoyed before the husband began spending the parties’ assets during his liaison with another girl. Although this sounds simple, how does a family lawyer proving this?

What factors did statute say court must consider concerning the connection with division of the assets or awards of alimony and child support?

Which factor is most important to central theme of case?

Does statute create presumption in favor of the alimony?

Does statute have preference for property awards?

What facts will be central to case with particular factors that the law mandates? Statute might say court needs to consider:

Length of marriage;

Contribution of spouse to career of other;

Whether spouse deferred or gave up career in furtherance of husband’s plus impact on spouse’s ability to support herself;

Value of spouse’s contributions as the homemaker, a mother and loving spouse.

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