How to Collect Evidence Against Your Spouse

If you think that your divorce in Charlotte might not be a smooth process, it is important to think about gathering evidence as soon as possible. Your spouse may seem relatively cooperative now, but there is no telling how they will act when the actual separation and divorce gets underway. Perhaps you have not even told them about your plans yet, and you are beginning the divorce process. If you have even a slight doubt about your spouse’s willingness to cooperate in the future, evidence could be a crucial element of a successful divorce.

With all that said, there are many important questions you should consider before you start gathering evidence. What kind of evidence is legal? What kind of evidence is admissible in court? What kinds of evidence should you be gathering? Divorces are somewhat unique in the legal world, and they follow many distinct rules that you should know. This is especially true if you expect a high-conflict divorce with numerous points of contention.

Your first step should always be to enlist the help of an experienced divorce attorney in Mecklenburg County or the surrounding areas. Team up with one of these legal professionals, and you can gather effective evidence in an efficient manner. Speak with your divorce attorney in North Carolina, and they will tell you what types of documentation you need to gather in order to give yourself the best possible chance of a successful legal outcome. You might also want to search specifically for a family law attorney who has experience in high-conflict divorces, high net worth divorces, and similar matters.

Evidence can be incredibly important in a divorce trial for a number of reasons. It might also be useful in a variety of other court hearings, and you can also use this evidence as leverage if you are in the process of mediation. You might also use evidence to negotiate with your spouse as you create a separation agreement. Here are a few reasons why evidence might be especially important:

• Child Custody: Evidence can be an important tool for establishing who gets primary custody. Various forms of evidence can prove that one parent was the primary caregiver during the marriage.
• Alimony: Evidence can clearly show how much money a spouse has earned over the course of the year. This can be important for calculating alimony.
• Property Division: Documentation can show whether a spouse owned property before or after the marriage. This can be an important tool when determining whether assets are marital or separate property.
• Your Spouse is Making Wild Accusations: If your spouse is making wild accusations against you, evidence can help clear your name. In addition, proving that your spouse is lying can destroy their credibility and support the court acting favorably towards you in the divorce process.

Almost all types of evidence may be collected and used in a divorce trial. These include testimonies, documents, photos, videos, digital evidence, and many other types. As a general rule, you should document as much as possible during a divorce. This means collecting financial documents and creating a written record of your communication with your spouse whenever possible.

In the modern era, text messages may constitute written communication. The same goes for emails. You might also want to record digital calendars to prove how much time your spouse was spending doing certain things, and when. In addition, certain social media posts may also be viable pieces of evidence during a divorce trial.

There are a few people who cannot testify at a divorce trial. One example is a doctor or therapist who has privileged information about your spouse. Even though this information may be relevant, you cannot compel these medical professionals to violate their patient-doctor privilege. There are other potential types of inadmissible evidence that can and should be discussed with your lawyer.

If you have been searching the Charlotte area for a qualified divorce attorney, look no further than Arnold & Smith, PLLC. Schedule a consultation today, and we would be happy to answer your pressing questions as you approach this difficult and confusing time in your life. When you are ready to move forward, we will guide you through the divorce process and make sure you have all the resources and strategies necessary for success. Strong evidence is a great start, but you also need a skilled attorney who can present this evidence in an effective manner. Contact us today to schedule your consultation.