Although most divorces cases settle before they go to trial, if yours is going to be litigated, you may be wondering what kind of evidence your attorney needs. The evidence in a divorce case is crucial to your outcome. Evidence is what the court considers when making a decision. While your attorney will be presenting your case, this is about your life, so most of the information your attorney uses will come from you. It’s helpful to understand the types of evidence needed.
Witnesses
Witnesses are what most people think of when they think about a trial. Witnesses could include your babysitter (to discuss parenting), your spouse’s boss (to testify about your spouse’s work hours and pay), or doctor (to discuss your child’s special needs). A witness answers questions about things he or she knows about or has seen. The hearsay rule prohibits witnesses from testifying about things they do not have personal knowledge of. For example, your neighbor can testify about seeing your spouse hit your child but cannot testify about you telling her that your spouse hit your child.
Documentary Evidence
Documentary evidence often plays a key role in a divorce trial, particularly when it comes to property division, child support, and alimony. Documents such as bank account statements, pay stubs, or appraisals offer important proof. Photographs and videos can also be evidence and can be very useful in custody cases. Other evidence such as physical objects could also be presented to the court.
DeTorres & DeGeorge is ready to discuss your divorce case. Call us today.