What Evidence Should I Bring to my Divorce Hearings?

Wednesday, April 25, 2018

What Evidence Should I Bring to my Divorce Hearings? 

If you are divorcing in the courtroom, even if you are completing an uncontested divorce, you will need to provide evidence to aid the court in its determinations regarding your property division and parenting plan. This is true even if you have worked out a property division plan on your own, because the court will need to see that your plan is in line with applicable state laws.

Evidence is also necessary to refute claims your spouse makes about you, such as a claim that you are an abusive parent or that you are using drugs. The evidence you provide to the court often depends on the claims you are facing and the claims you, yourself are making. In the absence of such claims, evidence can be used to provide insight to your lifestyle and asset pool.

Evidence for your Child Custody Hearing

The evidence you provide can help the court develop a parenting plan that best suits your child’s needs. This evidence can include:

  • Your child’s school and medical records;

  • A copy of the parenting plan you and your spouse developed together, if you have one;

  • Testimonies about your child’s lifestyle and needs from other adults in his or her life, such as your child’s teacher;

  • Documentation showing both parents’ incomes and assets;

  • A copy of your child’s current school and extracurricular schedule; and

  • Any documentation necessary to refute negative claims about your parenting ability.

Evidence to Aid in your Property Division

You will need to provide every document you have that provides information about your marital assets. This can include:

  • The title to your home and other real estate you own jointly;

  • Copies of previous years’ tax returns;

  • Pay stubs;

  • Documentation showing your bank and credit card accounts;

  • Documentation of your retirement plans and life insurance policies;

  • Documentation showing the value of your home and other assets; and

  • Any other evidence that shows the court information about your assets and financial state as a married couple, such as the current value of a small business you own, when the stay-at-home spouse left the workforce, any debt you are currently repaying, and evidence of fraudulent transfers or the use of marital funds on an affair partner.

Other Evidence that Could be Useful in your Divorce

Depending on the circumstances of your divorce, you might also need to provide evidence that supports or refutes a claim. For example, if you claim your former partner has been harassing you via text message, you must provide copies of these messages that clearly show who sent the messages and when you received them.

Talk to your lawyer about all of your concerns regarding your divorce so he or she can help you construct an effective body of evidence to use in court. You cannot make a claim without supporting it somehow – evidence is the difference between hearsay and a substantiated claim.

Draper Law Office can Help you Gather and Use Relevant Evidence

Your lawyer can help you obtain the evidence you need and use it effectively in court to support the claims you make and answer any of the court’s questions. Contact our team at Draper Law Office online or by calling (866) 767-4711 today to set up your free, no-obligation consultation with us and start developing your body of evidence for the courtroom.


4/25/2018

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