Evidentiary Challenges in Divorce Cases: From Writings and Photos to Text Messages and Social Media
Authenticating, Admitting, and Objecting to Admission of Evidence and Testimony
About the Course
Introduction
This CLE webinar will provide family law counsel with approaches for defending the admissibility of evidence in divorce cases. The panel will discuss laying the foundation for exhibits; reviewing, authenticating, and introducing different types of evidence; and ways to restrict evidence and testimony.
Description
Knowing the intricacies of the rules of evidence is a must for family law practitioners to achieve a successful result in any contested court proceeding. Counsel must properly lay the foundation for and correctly introduce evidence in divorce cases. With personal information about parties available via an ever-expanding number of social networking sites and new methods of communication, counsel faces evolving demands.
Practitioners must utilize proper procedures for authenticating and admitting exhibits, from writings and photos to emails, text messages, websites, and social media. Counsel should develop practical approaches for restricting improper evidence, making proper objections, and setting forth offers of proof.
Listen as our panel of family law practitioners discusses best practices to prepare evidence for admission at trial and outlines strategies for restricting improper evidence. The panel will offer their insights into making proper objections and offers of proof.
Presented By
Mr. Parks founded what is now Parks Zeigler, PLLC in 2012 to embrace modern technologies to best serve clients. He is active with both the Virginia Beach Bar Association, where he serves on the Circuit Court Liaison Committee, and the Norfolk/Portsmouth Bar Association, where he serves on the Executive Committee. Mr. Parks also participates as a mentor in both organizations’ mentorship program, believing it is important to share what he’s learned over the years with newer attorneys. He is also a member of the Virginia Trial Lawyers Association. Mr. Parks is very active with the Virginia State Bar, formerly serving as the chair of the Technology and Practice of Law Special Committee and the vice-chair of the Special Committee on the Future of Law Practice. He currently serves as the chair of the recently created combined committee, the Special Committee on Technology and the Future Practice of Law. Mr. Parks has authored numerous articles in various legal publications and teaches legal education courses to lawyers and the public across Virginia on his various practice areas and on the topic of the use of technology in the practice of law.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, January 22, 2026
- schedule
1:00 p.m. ET/10:00 a.m. PT
I. Cornerstone of all evidence: relevance, reliability, and authenticity
II. Proper procedures for authenticating and admitting exhibits
A. Writings
B. Photographs
C. Emails
D. Text messages
E. Websites, including social media
F. Business records
III. Proper testimony: when may a lay witness testify to opinions or conclusions?
IV. Original evidence rule and when it applies
V. How to properly admit a summary
VI. Effective use of demonstrative exhibits
VII. The hearsay rule and common exceptions used in a family law case
The panel will review these and other key issues:
- The proper procedure for authenticating and admitting different types of exhibits
- When a lay witness can testify to opinions or conclusions and when not
- Common exceptions to the hearsay rule in a family law case
- The original evidence rule and when it applies
- Unique challenges and solutions to introducing and authenticating electronic evidence
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