Evidence Used in Divoce? - Law Office of Timothy Ciaffoni



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What Evidence You Can Use in a Divorce?

During the course of undertaking something serious as a divorce, there will be evidence that you may run across. It is not always obvious whether a certain piece of evidence will be critical to a case or not. That is why it is important that you try to preserve it should you run into it.


In any divorce case, the court will ask certain questions, and the evidence will be relavant thereto. Those questions follow: Who among the parents has been the primary caregiver? What the income has been for each of the parents over the past year? Whether any real or personal property has been given to, or inherited by, one of the parents? Whether that property had been shared between them? Has there been abuse, adultery, or other misconduct?


When addressing these key questions, the court’s decision will often involve certain types of evidence:


1. Text messages and Emails. Conversations that the spouses exchanged with each other will be useful in proving the key questions. Preserve your attempts to communicate with your spouse even when they were unwilling to respond or cooperate.


2. Family calendars. These sorts of calendars will be relevant to prove dates and times of events and family activities. Be sure to preserve dates of any missed parenting time by your spouse and any work trips taken by your spouse. If you have not started this, you can start calendaring these incidents now.


3. Witnesses or family members and friends. This will be necessary if there’s accusations of such things as adultery or abuse. It will likely also be utilized in disproving such misconduct.


4. Social Media Postings. Spouse’s social media posts that would be significant to the case. Be careful what you post online and ask your friends to be careful what they tag you in as well. Print dated screen shots of your spouse’s account or download their posts if possible.


5. Photographs. Take photographs and add the date on them. This may be useful to catalog the disputed property in your home. It will also help to evidence any physical harm committed against you by your spouse.


6. Financial Statements. These usually get freely exchanged between spouses during marriage, but they can become problematic or expensive to obtain from your spouse during divorce. If you can access them, try to preserve them in a safe place.

  • Bank statements,

  • Tax returns,

  • W-2’s,

  • Paystubs,

  • Retirement account statements, and

  • Credit card statements.


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