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BizAttorney
BizAttorney, Attorney
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If divorce proceedings have lead to mediation with a judge

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If divorce proceedings have lead to mediation with a judge and the grounds for divorce is adultery, one party has proof via PI reports, if the other party doesn't dispute the evidence is it just allowed as the cause? In other words, if the party that is suing on grounds of adultery and wants to humiliate the other party by having the lawyer question the offending party about details, if they have sufficient evidence and the other party is not disputing the evidence, will the mediation allow time to pursue humiliation from redundant questioning? How about if it goes to trial?

BizAttorney :

Good evening! I can help you out with your legal question tonight. No, the "proof" only comes in as evidence and the judge can give it its proper weight. Mediation isn't a time to question the evidence, but to assess the evidence the other party is relying on and put a value on it.

BizAttorney :

If the matter doesn't settle, then the other party can conduct depositions, which would be very uncomfortable for the person commiting adultery.

Customer:

But if there is undisputable evidence that adultery did in fact occur, could the opposing attorney argue that an effort is just being made to humiliate and embarrass the other party when there is other evidence that supports the claim

Customer:

can the judge say, okay, grounds are sufficient for adultery, even if no financial settlement can be reached:

BizAttorney :

Sure, the other attorney could say that, but if the evidence is allowed into court before a jury/judge, then the judge would overrule said objection.

Customer:

That's the issue....always the money. And of course the revenge factor

BizAttorney :

Yes, the judge can rule as a matter of law that a fact is a fact.

BizAttorney :

You want to try and diffuse the other spouse, anger only makes the attorneys happy because their bills increase.

Customer:

why would a judge overrule evidence that is sufficient?

BizAttorney :

No, the other attorney would overrule the objection that the evidence is only to embarass or humiliate.

Customer:

i'm sorry, it's late. You are saying that if the evidence from the PI is allowed, and it would be, then the objection to call the adulterous spouse only to humiliate him could be overruled by the judge on the grounds that adultery has already been established?

BizAttorney :

Yes, that is correct. A judge can rule that a certain fact is a fact. If there is a jury though, then they have to determine if an event is a fact.

Customer:

Jury trials for divorce? In SC.....not sure I've heard of that. What purpose does that serve? Do they decide the financial settlement?

BizAttorney :

Only if they are very contested, but usually it is just the judge. No, they are just on really big divorces and only if the parties request it.

Customer:

I believe Greenville County does not utilize juries in family court matters.Thank you.

BizAttorney :

Most don't, but I was just letting you know. Did you have any other questions?

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