Divorce can be an emotionally charged and complex process, and the legal system often relies on concrete evidence to make fair decisions. Whether it’s dividing assets, determining custody, or settling disputes over alimony, evidence plays a critical role in proving claims and establishing facts. In this blog, we’ll explore five common types of evidence that can be used in divorce cases, helping to clarify how to best prepare for your trial.
- Financial Documents
Financial evidence is essential in most divorce cases, especially those involving the division of assets, debts, or alimony requests. Both parties are typically required to provide comprehensive financial disclosures, which may include:
Bank statements: Showing the inflow and outflow of funds, which can help determine each party's financial stability.
Tax returns: Offering a picture of income and deductions over the years.
Pay stubs: Verifying employment and consistent income.
Investment accounts: Including stock portfolios, retirement accounts, or any other financial assets.
Debts and liabilities: Such as mortgage payments, credit card debt, and other obligations.
These documents help the court determine a fair division of marital assets and debts, and they are particularly crucial in cases where one spouse may be hiding or misrepresenting financial information. In Indiana, the marital estate is made up of all the assets brought into the marriage and accumulated during the marriage. Often, one spouse will claim that they were the only ones who contributed to the financial posturing of the marriage. This will require extensive documentation to prove. However, organizing and gathering the correct financial documentation will help your attorney navigate review of your accounts in preparation for trial.
- Communication Records
Emails, text messages, social media posts, and other forms of communication can serve as valuable evidence in divorce cases, especially those involving allegations of misconduct or custody disputes. Examples include:
Text messages or emails that demonstrate emotional abuse, financial abuse or deceptive behavior.
Social media posts that contradict claims made in court (e.g., a parent claiming financial hardship but posting pictures of expensive vacations or paying for the lifestyle of a new significant other).
Communication records can shed light on the interactions between spouses or between a parent and child, offering insight into their relationships and behaviors. If there is a pattern of abusive behavior, having this tracked in written format is easier to be presented in trial, rather than based off of hearsay.
- Witness Testimony
Testimonies from witnesses can have a profound impact on a divorce case. Witnesses can include friends, family members, coworkers, or professionals who have firsthand knowledge of relevant circumstances, such as:
Character witnesses: Individuals who can testify to a spouse’s behavior, parenting abilities, or credibility.
Medical professionals: If one party claims emotional or physical abuse, doctors or therapists can provide testimony on the victim’s condition.
Financial experts: In complex financial cases, experts may be brought in to analyze business records, assets, and valuations.
Child psychologists or counselors: In custody cases, these professionals can testify about the child’s well-being and needs.
Witness testimony can either support or refute claims made by either party, providing an outside perspective on the issues at hand and allows the judge to gather as much information as possible prior to making a determination.