What divorce evidence do I need?

Evidence in a divorce case consists of facts, flowing from  witnesses and from records. Financial records, calendars, and photographs are important. When you go to your lawyer's office, take the necessary papers.

Make copies:

Copy your documents. Many lawyers will not accept original deeds, or other original papers. Before you go to see your lawyer, get your records and papers together and have legible copies made for your lawyer.

What to do:

1.   Make copies of your complete income tax records for the past 2 years, the deed to your residence and deeds to the other properties you own, car titles, and monthly bank statements for the past 6 months, including all checks. Copies of brokerage accounts and retirement accounts are important. The Judge makes decisions about child support based on a person's income, and having the income tax records prevents mistakes about income.

2.   Get copies of tax appraisals of your property, and take photographs of your residence. Because the Judge divides property and attempts to divide it fairly, photographs of the property help the Judge understand the values involved. If one spouse testifies that the home is a dream mansion for rock stars, it is so helpful to show the Judge a photograph of the hum-drum 4 bedroom brick house.

3.If you can take photographs of the inside of your residence, then go from room to room showing the property (TVs, tables & furniture) in the home. If your spouse says there was never a large screen television in the den, it is helpful to show the Judge a photograph of the large screen television in the den. If there is an issue about children, photographs should show that the children have beds, toys, clothing, and a good home.

4.   If there are children, get copies of report cards from the school. Report cards show to all who see them whether a child is well adjusted and doing well, or is in trouble. Although not a psychological report, the report cards are often used by psychiatrists and psychologists as a summary of how the child is adjusting to a divorce.

5.   Get a large desk calendar, on which you list the important events about the children, your spouse and your marriage. Important telephone calls, arguments, and other marital events should be recorded on a calendar as they happened.

6.   Make a list of your important debts, naming the person or business that is owed money, the monthly payment, and the total amount due. The Judge takes into consideration the debts when the property is divided.

7.   Take all of this to your lawyer. All these things are called "evidence" and it is what your lawyer needs in court. If your lawyer has all the evidence, and is ready to present the evidence to the Court, it is very likely the case will be settled. Cases are settled after the lawyers and their clients have a good grasp of the facts and the evidence.

Warnings: If you do not get the important records copied for your lawyer, you will be paying your lawyer, or his secretary, to order the documents from the County Clerk, the Tax Appraisal District, and your employer. Then the lawyer or his secretary will stand by a copy machine making copies. It depends on how you want to spend your money. You probably want your lawyer doing something besides standing at a copier. The worse alternative is that neither you nor your lawyer gets the proper documents and you go to court without evidence. Bad things happen in court to unprepared parties.

What Judges want: A Judge does not want to hear what you think about your ex. You are in a divorce; he knows you think your ex is crazy (and vice versa). A Judge wants to hear you testify about specific events. Tell him the facts; show him details. A Judge wants to see income records and set child support. A Judge wants to see a photograph of you and your smiling children, whose faces show in the picture that they love you. Give the Judge the documents, give the Judge the photographs, and the Judge can help you.

What Judges want, Part II: More than prepared parties at trial, a Judge wants to see a settlement agreement, which he will usually see after both parties have all the documents they need and good lawyers discuss the divorce case.

Conclusion: Divorce cases settle when the parties are fully prepared to go to trial. Being prepared means your lawyer has the documents ready to go. If a case goes to trial, the party that has the facts in writing has the edge. When there is a dispute, Judges and juries like the side that has the written documents. The rewards for being fully prepared are colossal.