Jana Landry Attorney at Law

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Supporting your divorce case with evidence

| Apr 30, 2021 | Divorce

Texas residents getting a divorce and negotiating custody, financial support and the division of assets will need to gather evidence to support their claims. Not all proof is admissible into a court case, however.

Financial documents

When negotiating the division of property, documents are the proof you will need to ensure that the divorce settlement is fair. However, collecting proof begins much earlier than when you collect the documents. This process includes:

  • An honest disclosure of all assets and debts during the discovery part of the dissolution of the marriage
  • Copies of financial documents to support the disclosure, including property deeds, bank and investment accounts statements, retirement account statements, loan paperwork and past tax returns
  • Knowledge and understanding of the tax implications for every financial decision that could be made

Texts, photographs and other proof

Screenshots of texts sent between the spouses, photographs taken to record certain events and documents such as proofs of paying doctors’ bills and attending school meetings are helpful during child custody, child support and alimony negotiations. However, they must be authenticated, such as texts getting time-stamped by the phone company. Photographs must also be authenticated with proof of when they were taken, for example.

Witnesses

As part of the end of the marriage procedures, you can also bring witnesses to provide testimony about certain aspects of the situation. In most cases, the witnesses must be present at court to provide their testimony. However, in cases of serious illness or even potential death, where the witness cannot be present, the court will hear testimony that has been recorded and sworn in as true.

In the end, strong evidence is what will prove your case if your divorce ends up being a court battle. Gathering and organizing such evidence early on will help you plan for success.