The Law offices of Arnold & Smith - John Price Carr House
You cannot reason with the unreasonable;
When it is time to fight,

What Evidence Do I Need in a North Carolina Divorce?

If you are approaching a divorce in Monroe, you might be wondering what kinds of evidence you need. Evidence is especially important in a high-conflict divorce, when both spouses seem to dispute virtually every element of their divorce. In the midst of “he said, she said” accusations, courts in Union County rely on strong evidence to clear up disputes and make sure justice is served. If you are approaching a divorce and you expect your spouse will raise numerous points of contention, you need to start collecting evidence right away.

Obviously, the average person has little experience with the legal system. You might not understand the kinds of evidence you should be gathering. What kinds of evidence are admissible in court? What kinds of evidence are inadmissible? What kinds of evidence should you be gathering? What are you even trying to prove in the first place? These kinds of questions can leave you scratching your head.

Fortunately, you can make this process much easier by simply enlisting the help of a qualified, experienced divorce attorney in North Carolina. These legal experts can tell you exactly what kinds of evidence you should be gathering, and they can help you build your case as you deal with this situation. With the help of a skilled attorney, you can take as much stress as possible out of the divorce process.

What Can I Prove With Evidence?

There are many ways in which evidence can help support your case in a divorce proceeding. In the end, it really depends on what you are trying to achieve. What are the points of contention in your divorce? Whatever you might be arguing about, evidence can probably help your case. Here are a few examples:

  • Custody: If you are going through a custody battle, you can use evidence to show that you are better suited to have primary custody. For example, you can show that you were spending more time with your kids during the marriage than your spouse was.
  • Alimony: If you are seeking alimony, evidence can prove that your spouse is able to pay their fair share.
  • Property Division: If your spouse is claiming that certain assets are separate property, you can use evidence to show that they are in fact marital property, and therefore subject to equitable distribution.
  • Your Spouse is Trying to Destroy Your Character: During a divorce, spouses can level all kinds of wild, emotionally-driven accusations at each other. Your spouse might accuse you of cheating, substance addiction, or even domestic abuse. You can use evidence to refute these claims and destroy the reliability of any future claims made by your spouse.
Which Evidence Is Admissible?

There is an incredibly wide range of evidence that the court may consider in a divorce trial. However, admissible evidence is not the same as relevant evidence. Your evidence may be considered, but it needs to have a relevant bearing on your divorce for it to be effective. In other words, your evidence needs to directly support your case - whether you are fighting for child custody, alimony, or some other element. Here are a few examples of evidence in a divorce trial:

  • Witness testimony
  • Documents
  • Photos
  • Videos
  • Digital evidence
  • Text messages
  • Calendars
  • Financial documents
  • Emails
  • Social media posts
Which Evidence Is Inadmissible?

There are a few types of evidence that are inadmissible in North Carolina courts. Moreover, certain evidence may be deemed inadmissible if it is collected in an improper or unlawful manner. This is one of the reasons why it is so important to work with a qualified attorney.

Perhaps most notably, you cannot compel certain witnesses to testify. This includes your own spouse. While you are both still technically married, you cannot be compelled to testify against one another. In addition, you cannot compel a physician or medical professional to testify in court with details of your spouse’s treatment. This is because you cannot violate your spouse’s patient-physician privilege.

Enlist the Help of a Qualified Attorney Today

If you have been searching Union County for a qualified, experienced divorce attorney, look no further than Arnold & Smith, PLLC. We have dealt with countless high-conflict divorces in Union County, and we understand the importance of gathering strong evidence. Regardless of how difficult your spouse is being, you can cut through their wild accusations with something all judges appreciate — the truth. Reach out today, and we can help you with virtually every aspect of your divorce. With our help, you can effciently pursue a favorable legal outcome.