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Four Things to Consider When Writing a Family Law Declaration

Last week this blog discussed declarations. That post provided an overview of what a declaration is and how it might be used. This week we will get into some of the specifics. Here are four things to consider when drafting a declaration:

  1. Know the Purpose: When you are providing an attorney with a draft of your declaration, make sure you know what purpose the declaration will be used for. Write to that purpose and include as many facts as you can that will help your lawyer represent you best.
  2. Be Inclusive: It’s better to provide your attorney with more information than not enough. Your attorney can cut things out that won’t help your case.
  3. Stick to the Facts: In most cases, the court isn’t going to be interested in your opinion. The court doesn’t need to know that you think the other party is a horrible person – they probably assume that you think that. Focus your time, energy, and pages on giving the court the facts. However, you may want to include the way you felt when something happened. This can make your story more relatable and more believable.
  4. Admit your Mistakes: This point will definitely need to be discussed with your attorney, but there are times it is better to be upfront about a mistake you made rather than waiting for it to be brought up by the other side.

You will want to talk to your attorney prior to drafting your declaration. Each family and case is different and issues should be discussed with an attorney familiar with your unique facts and circumstances. We hope that this list gives you some ideas of things to discuss with your attorney prior to drafting your declaration.

Please contact us if you would like to discuss your family law issue with a family law attorney.