Private messages on any platform may be admissible as evidence if there is a reason to subpoena these records, such as one spouse trying to prove that the other is addicted to drugs or trying to hide assets. Keep text messages between you and your ex-spouse as potential sources of evidence during your divorce case. Text messages can also be used as evidence. Anything that you post online could be twisted around and used against you by your spouse’s attorney. This is why it is important to stay off of social media while your divorce case is pending. Since social media is a public space, anything published there could be admissible as evidence in court. Many people don’t realize that anything posted on a social media site – even if the profile is set to private – can be used as evidence during a divorce proceeding. Simply stating that you are a good parent is not as strong as recounting specific examples of when the person witnessed you be a good parent to your child. If you wish to use character witnesses, however, make sure that their testimony uses specific examples. Testimony or signed statements from character witnesses can allow a judge to get a better idea of who the individual is and how he or she interacts with the children.
Character Witness StatementsĬharacter evidence can be used to support one party’s case. You may need evidence that shows that you are an involved and capable caregiver to minor children, such as documentation of your involvement with the child’s daily care, food preparation, school and activities. There are many types of evidence that you could use during a custody battle, either to prove your abilities as a parent or show that your ex-spouse is not a good fit for sole or primary custody. Proof of Your Parenting StyleĪ key point of contention in most divorce trials is child custody. Beyond this, your divorce case may also require other sources of financial evidence, such as tax documents, pay stubs, receipts for childcare expenses, employment records, and more. Each spouse will need to submit initial financial disclosures, where they list every known asset, source of income and debt and submit it to the courts.
The courts will analyze each spouse’s income and financial capabilities to determine things such as child support and spousal maintenance (alimony). Financial DocumentsĪ major part of a divorce case in California is the couple’s finances. Use this list of potential sources of evidence in a divorce case to learn what may be available to strengthen your case, as well as what your ex-spouse could use against you. Some, however, require divorce trials, where both parties will have the chance to present evidence to the courts in an attempt to secure the outcome that they desire. Most divorce cases in California achieve settlements, or pretrial agreements between both spouses. What Can Be Used as Evidence in a Divorce Case?
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