Did you know that Bowling Green State University estimates that nearly 1 million women (992,677) divorced in 2023, a slight increase of 3,159 from 2022 (989,518 divorces)?
During a divorce, which can be hard and emotional, every choice and action you make can influence its outcome.
Protecting yourself requires knowing what might be used against you in a divorce. Financial records, social media activity, text messages, and witness testimonies are some of the types of evidence that can be used against you during divorce hearings. Keep in mind that the courts frequently base their decisions on spousal support, child custody, and asset division on this kind of evidence. Errors such as hidden assets, careless communication, or poor financial management could jeopardize your case.
This article will discuss the common types of evidence used in divorce proceedings.
Contents
Financial Records and Assets
A list of your financial records and assets is necessary during a divorce.
Joliet family law attorney Sarah Vahey suggests deducting your income and expenses and compiling your pay stubs, tax returns, and bank statements. There should also be documents for retirement accounts, property deeds, and any business valuation. These financial documents can provide more insight about your financial situation and help support any of your claims.
Include any loans and credit cards among other debts that would affect asset distribution. An organized and thorough record can guarantee just settlement and prevent potential disputes.
Communication Evidence
A recorded conversation, text message, or email can help you express your emotions and intentions or prove certain claims in the form of admissions.
Always consider twice before calling or texting someone since any communication or statement could be used as incriminating evidence or indicate a lack of dedication to your marriage.
Conversations should always stay civil and steer clear of sensitive subjects that could start a fight. If you need to discuss sensitive divorce issues, keep a record of every conversation and use a neutral tone during the meeting.
Always communicate with the understanding that what you say may be misinterpreted by others later on.
Social Media Activity
Individuals who are undergoing divorce should be careful with what they post on social media. Social media is a normal place to express yourself, but your posts could be used against you.
Your ex or their attorney might search your profile for damaging information to support their case.
Photos from parties or potentially rude remarks can have a negative impact on your reputation. Even well-intended posts can sometimes be misinterpreted.
Always think before you post something online. Limit your postings and go private for your accounts. You can also temporarily disable your social media accounts to avoid posting anything that is self-incriminating.
Everything you do online during a divorce is subject to scrutiny. Reduce the risk of legal complications by protecting your digital footprint.
Witness Testimonies
Witness testimonies are another type of evidence that can have significant effects on your divorce case. Your friends, family, and even coworkers can testify about your relationship or behavior.
Witnesses may testify about your parenting, finances, or relationship with your spouse, which could influence the court’s decision.
Make sure your witnesses are credible and objective. Consult your attorney to know about potential witnesses who could hurt your case.
Inform your witnesses of their roles and the importance of honesty. Tell them how important their statements are and how a strong testimony can help you win your case.
Behavioral Evidence and Lifestyle Choices
Behavioral evidence and lifestyle choices can influence the court’s verdict. Your actions, habits, and daily routines may be examined and used as evidence in your case.
Wild parties and reckless living may indicate that you cannot provide a stable environment for your children. Records of heavy spending or evidence of gambling could jeopardize your case.
Protect yourself from incriminating evidence by living responsibly and being cautious with your actions.
