What Should I Do with the Case Evidence for My Divorce?

Evidence proves your case. It helps a judge make invaluable decisions about your divorce. It may not seem clear what type of evidence exists, how your attorney will get it, or what you should do with it after your divorce.

Case evidence is any type of data, photo, text messages, or other information that proves something in your case or establishes some level of important knowledge a judge needs to have when making a decision in your divorce. As you work to rebuild your future and step away from the cohesive control your spouse had on you, you may not want to rehash all of those old bits of information. Nevertheless, your Fulton divorce attorney should have as much information as possible to use to support your case.

What is evidence in a divorce case?

Evidence in a divorce case can encompass a wide range of data, documents, photos, text messages (or messages from many other platforms), and other information that substantiate your claims and provide the judge with essential details for making decisions. What makes divorces messy and challenging is that often, only the two spouses know the truth about what information is out there. Some common types of evidence used in divorce cases include:

• Financial records: These include bank statements, credit card statements, pay stubs, tax returns, and any other financial-related documentation. They may be used to help with property division and alimony and provide information on what is being spent.
• Marriage and separation documents: These will include any type of prenuptial or postnuptial documentation related to the marriage.
• Property and asset documents: Ownership documents, such as titles, deeds, vehicle registration, valuable asset appraisals, or other documentation that shows the value, age, or description of assets owned.
• Communication records: Text messages, emails, letters, or any other data between spouses that show any important information, including any type of abuse, infidelity, communications with others outside of the marriage, threats, or other valuable insights.
• Mental cruelty or abuse evidence: This can be a bit more complex, but medical records, including those from a therapist, could help substantiate any type of claim for abuse. Police reports can also be helpful in this way.

This data helps your attorney to present a clear case to the divorce court about your case. In situations where one spouse was unfaithful, for example, sexy text messages from one person to the next could easily be helpful in proving that an extramarital affair existed. Money trails, ownership of property that was not fully disclosed at the initial divorce hearing, or documents that show threats against one or the other can also be powerful evidence to use in your case.

What should you do with evidence?

When you have evidence that might be relevant to your case, it is essential to present it to your divorce attorney. It is important to ensure the evidence is preserved and not tampered with. Keep in mind that the change of ownership of that evidence is important.

This creates a unique situation when the evidence could be on another person’s phone. In the example above of a steamy text message, getting that to your attorney can be very challenging. If you know of its existence, you can request access to those messages, but this can be challenging since a simple deletion of the information could make it no longer accessible.

Every case like this is very different. It may be possible to take a photo of the message on the phone if you have access to it. If you can pull up the text message logs on a shared cell phone account, that could help. However, the evidence must be obtained properly, and that is why working with your attorney is critical in these situations.

Any other type of data or information you have should be sent directly to your attorney. That includes any financial records and documentation from ownership deeds or contracts. Keep in mind that if you have access to these documents now, it may be best to contact your divorce attorney immediately to learn what your options are. Often, it will be critical to take steps to protect that data as quickly as possible. A court order can help to do that.

If you do not have this documentation but you know it exists, the process becomes more challenging. However, your divorce attorney will work to uncover any evidence possible and provide you with any viable options for obtaining legal access to information that is helpful to your case. Avoid doing anything that could be illegal and could put your right to access that information or use it in your case at risk.

Do you need to keep evidence after your divorce?

The simple answer is typically no. Most evidence used in a divorce will be submitted into testimony within the courtroom and maintained through court files. If there is some information that you believe needs to be preserved, keep it away from your home, such as in a bank safety deposit box, to help preserve and protect it.

At McCabe Russell, P.A., our divorce attorneys in Fulton will provide you with the hands-on support you need to obtain and preserve any necessary divorce case information and evidence. Call our offices or fill out our contact form to speak to a qualified family law attorney who can help you make key decisions. We are proud to serve clients in Fulton, Bethesda, Rockville, and Columbia.