Kara Sears
A declaration is a written statement that is one of the most valuable documents in a contested divorce case. It is a chance for an individual to tell the court their side of the story, including what they want, why they want it, and any concerns they may have. It is important to structure a declaration with readability and conciseness in mind, as commissioners are busy and will only know the case from what is conveyed in the declaration. Declarations should be truthful and based on personal knowledge, and any attachments or exhibits should be clearly labelled and relevant to the case.
| Characteristics | Values |
|---|---|
| Purpose | To give your side of the story, including what you want and why you want it |
| Audience | Court Commissioner |
| Content | Key facts related to the motion, based on personal knowledge |
| Attachments | Texts, photos, bills, school records, medical or treatment records, criminal history, law enforcement records |
| Length | Should not exceed 10 pages |
| Format | Numbered headings and sub-headings |
| Truth | Must be truthful and signed under penalty of perjury |
| Review | Should be reviewed by an unbiased person for grammar, spelling, formatting, clarity, and persuasiveness |
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What You'll Learn
Declarations are written statements made under penalty of perjury
Declarations are addressed to the Court and typically read by a Court Commissioner, who is usually a former family law attorney. It is crucial to structure your declaration effectively, keeping in mind that Commissioners are well-versed in case law and state statutes. While infidelity, for instance, may be distressing, it holds no legal importance in a state like Washington, which is a "no-fault state." Thus, it is essential to focus on relevant facts and concerns.
When writing a declaration, it is important to be concise and direct, providing key facts related to the motion. You can include information based on your personal knowledge or experiences, and you may also refer to statements made by another party. Any evidence or exhibits attached to your declaration should support your statements. Judges generally prefer visual evidence, so relevant texts, photos, bills, school records, medical records, etc., can be persuasive. However, be mindful not to include excessive or unnecessary information that may detract from your key points.
Declarations must be signed and dated, and it is essential to understand the implications of "swearing under penalty of perjury." This means that you are affirming that your statement is truthful, and you can face legal consequences if it is found to be untrue. The specific wording may vary depending on the state, but it typically includes a phrase such as, "I declare under penalty of perjury under the laws of the state of [state name] that the foregoing is true and correct."
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Declarations should be concise, clear, and relevant
Declarations are an essential part of family law cases, especially in divorce and child custody matters. They are written statements made under penalty of perjury, providing key facts and evidence to support one's position. To ensure a good cause declaration, it is crucial to keep the content concise, clear, and relevant.
Firstly, it is important to structure your declaration effectively. Organise your main concerns into headings and use specific details and events as sub-headings. This helps to present your information in a clear and logical manner. For instance, if your primary concern is child custody, create a heading for it and then provide specific instances or events that support your argument for custody under sub-headings.
Secondly, be concise and direct in your writing. Avoid unnecessary repetition or irrelevant information. Judges have heavy caseloads and limited time, so respect their time by being succinct. Focus on the key points directly related to the motion. While you may want to provide a comprehensive account, avoid unnecessary details that may detract from your main arguments.
Thirdly, use clear and simple language. Avoid legal jargon or "fancy" lawyer talk, as most judges prefer straightforward and authentic language. Write in your own words and ensure your declaration is written by you and about you. Declarations should be personal and reflect your unique circumstances. Avoid having a third party write the declaration, as it may be seen as less credible or persuasive.
Additionally, support your declaration with relevant evidence. Attach documents, photographs, texts, or records that strengthen your case. For example, if you are disputing your spouse's claim of having no liquid funds, attach a recent bank statement. Ensure that you refer to these attachments in your declaration, making it clear how they support your arguments.
Finally, always review your declaration for grammar, spelling, and clarity. Consider having an unbiased person or a legal coach review it for persuasiveness and formatting. They can provide valuable feedback and suggestions to improve the clarity and effectiveness of your declaration. Remember, a well-crafted declaration is concise, clear, and directly addresses the key points relevant to your family law case.
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Declarations should be supported by evidence
Declarations in family law cases are written statements made under penalty of perjury, attesting to the facts of a case. They are often used in divorce and child custody cases to provide the court with key facts and arguments. Given the weight placed on declarations in legal proceedings, it is important that they are supported by evidence.
Declarations should be concise and well-structured, focusing on the most important aspects of the case. This includes what the declarant wants, why they want it, and any concerns they may have. For example, in a divorce case, a party may request spousal support and child custody arrangements. To support these requests, the declaration should include relevant evidence such as financial records and statements outlining the reasons for the requests.
Evidence can come in various forms, such as text messages, screenshots, photographs, bills, school records, medical records, criminal history, and law enforcement records. For instance, in a child custody case, school records indicating a child's attendance on specific dates could be relevant if one parent consistently brings the child to school late. Similarly, text messages or screenshots showing relevant facts or threats made by the other party can be persuasive evidence.
It is important to carefully review and organise the evidence before attaching it to the declaration. Each piece of evidence should support the arguments made in the declaration and be properly labelled as an exhibit. Redacting sensitive information, such as financial account numbers or locations, is also crucial to protect privacy.
In addition to supporting evidence, declarations should be based on the declarant's personal knowledge and experiences. This means that the declaration should reflect the individual's own words and perspective, rather than relying on "fancy lawyer talk" or legalese. By providing a clear and concise declaration supported by relevant evidence, individuals can effectively present their case to the court.
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Declarations can be made by witnesses
Declarations are written statements made under penalty of perjury, meaning that the signer understands that they can face legal repercussions if their statement is found to be untrue. They are used to give key facts related to a motion, such as what the declarant wants, why they want it, and any concerns they may have. In family law cases, declarations are often used to provide information about the declarant's spouse, children, and other family members.
Witnesses can also make declarations to give information in a court case before a trial. Witnesses must have direct knowledge of the issues in the case and can provide relevant documents or exhibits to support their statements. For example, a witness might provide photographs, texts, or medical records to support their declaration. As with declarations made by the parties to the case, witness declarations should be concise, clear, and focused on the relevant facts.
When writing a declaration, it is important to keep the audience in mind. Court commissioners, who are typically former family law attorneys, review many cases each week and are focused on case law and state statutes. Declarations should be structured for readability and conciseness, and any exhibits attached should support the points made in the declaration. It is also important to tell the truth in a declaration, as commissioners are experienced and can determine if a party is lying, which can have serious consequences for the case.
In some cases, witnesses may need to keep certain information confidential, such as financial or medical records. In these cases, they can file their declaration under a Sealed Cover Sheet to protect the privacy of the information. Witnesses should also be aware of any specific rules or procedures that may apply in the county or state where the case is being heard.
Overall, declarations by witnesses can play an important role in family law cases by providing firsthand knowledge and supporting evidence to help the court make informed decisions.
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Declarations can be reviewed by legal professionals
Declarations are an important part of family law cases, particularly in divorce and child custody disputes. They are written statements made under penalty of perjury, providing key facts and evidence to support one's position. Given the significance of declarations, it is advisable to have them reviewed by legal professionals for various reasons.
Firstly, legal professionals can ensure the declaration is structured effectively. They can guide you in organising your thoughts, concerns, and objectives clearly and concisely. They will also advise on attaching relevant exhibits, such as texts, photos, and records, that support your declaration without unnecessarily embarrassing the opposing party.
Secondly, legal professionals are familiar with the legal system and can help you navigate the complexities of family law. They understand what information is pertinent to your case and how to present it persuasively. They can review your declaration to ensure it adheres to legal requirements, such as page limits and necessary attachments. Their input can increase the credibility and effectiveness of your declaration.
Thirdly, legal professionals can provide an objective perspective on your declaration. They can identify any biases or emotional language that may detract from your argument. They will help you craft a respectful and compelling narrative, which is crucial when addressing sensitive family matters. Their input can make your declaration more balanced and aligned with legal standards.
Additionally, legal professionals can offer valuable insights based on their experience. They can anticipate potential challenges or counter-arguments and help you strengthen your declaration accordingly. They can also advise on strategies to protect your interests, especially in contentious cases involving child custody or financial disputes. Their expertise can enhance your declaration's impact and help you achieve a favourable outcome.
While seeking legal assistance is beneficial, it is essential to remember that your declaration should ultimately reflect your unique circumstances and perspective. Legal professionals can provide guidance, but the declaration must be written in your own words and signed by you. Their role is to support and strengthen your position, not replace your voice in the legal process.
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Frequently asked questions
A declaration is a written statement that gives your side of the story in a family law case. It is your chance to tell the court what you want, why you want it, and any concerns you may have.
You should include any key facts that are relevant to the motion. Base your statement on your own personal knowledge and experience, rather than what someone else has told you. You can also make attachments to your declaration, including documents, photographs, screenshots, and other forms of evidence that are relevant to your case.
According to California rules, a declaration must not exceed 10 pages. However, it is very rare that you would need all 10 pages to convey your point. Judges prefer concise and clear statements that get straight to the point.
Your declaration will typically be read by a Court Commissioner, who is usually a former family law attorney. Commissioners can have very busy dockets, so it is important to structure your declaration for readability and conciseness.
Yes, you may want to consider hiring a legal coach or an attorney to review and revise your declaration. While this may incur additional costs, it can be helpful to get professional input from someone with experience in similar cases.
