When you are going through a divorce, you have a lot to juggle and consider. So many things in your life are changing all at once that it can sometimes feel like you don’t know which way is up. It’s important that you take a moment to draw in a deep breath and collect yourself. Consider the things that are most vital right now as it pertains to your divorce case and work on those. This includes gathering evidence in your divorce that you can bring with you to court to help with your case.
Understanding Evidence
Of course, you aren’t allowed to bring in just any type of evidence. The Rules of Evidence will determine the types of documents and testimony that the court will allow.
Most of the time, you will find that these rules are relaxed, which means that you should be able to offer any relevant evidence in your case. If there is evidence that relates to the best intergests of the children, then it will always be admissible in court. Some of the other types of evidence that will usually be allowed include documents, photos, and testimony when it relates to the kids.
When you are trying to determine what types of evidence you can use, you will first want to examine every issue that has the potential to affect the case. It’s important to have the help of an attorney at this stage. They can help you better understand the types of evidence that you should have. They can also help you if there are certain pieces of evidence that you might want to have excluded.
In cases where you believe that your ex is fabricating evidence against you, then it is possible to file a Notice of Strict Compliance. This can make the evidence in divorce more difficult to admit. You might want to file this if you have an ex that is trying to get notes from the kids admitted or that will try to get other people to testify on their behalf and you feel they are being fabricated.
Most of the time, anything that is relevant to any of the issues you have will be included by the court.
Analyzing the Issues
Now that you have taken the time to look at all of the issues that could affect your case, you need to further analyze the elements of each issue. This is the best way to determine what you will need for evidence. Doing this will help you to better organize your documents and testimony, which will make it easier for you to clearly make your case.
How should you manage all of this information and evidence in divorce? First, organize by orders and pleadings. The orders are anything that comes from the court. This might include rulings from a judge, for example. Pleadings are anything that has been filed with the court by you or by the other side. It’s a good idea to have one folder that contains all of your pleadings and orders. This will help to keep things nice and organized for you.
Next, you will need to have evidence for each legal issue that is part of your divorce case. All divorces are different, which means that the types of evidence needed will vary from one case to the next. If you aren’t certain of what you need, you will want to speak with an attorney, so they can get you on the right track. You should have separate folders for each of the legal issues, so you can keep the information separate.
Additionally, make sure that you keep the emails and texts that you get, as they are evidence, as well. For example, if your ex texted you and said that they couldn’t pick up the kids because they were too drunk, then that could make for some good evidence in your case. In that example, it would go into a folder for “legal decision making and parenting time”. Print out the email and the text conversations and keep them in the correct folders depending on what type of evidence they might be.
Make sure that you label the folders or that you color-code them so that you know what’s in each folder. Do this for all of your various folders. This will make it easier for you to find what you need quickly. You should also have copies of all of your evidence. If possible, you might want to see if you can have it digitized, so you can always print out information if needed. The last thing you need when your stress levels are already high is to have trouble finding the paperwork and evidence that you need.
Although it might seem like a lot of work to get things organized, you will find that it is well worth the effort. It will make finding what you need far easier when the time comes, and this will help you to reduce the stress and anxiousness you are bound to feel when you are going through a divorce.
Work with an Attorney to Make Things Easier
Going through a divorce is never easy, but it can be made easier when you have an experienced divorce attorney working on your side. The divorce attorney will know the types of evidence that you will need and can help you put together your case and keep all of your information organized and properly managed. This can help to reduce some of the stress that you are feeling.
When you are searching for an attorney, take the time to find someone that has plenty of experience in the field. Learn more about them and how they work. Set up a meeting with them, so they can talk with you about your case and about the types of strategies they would take. You can get a better sense of what it will be like to work with their firm and can decide whether they might be the right fit for your case.
