Evidence in Divorce Cases

Attorney Assisting Clients in Boca Raton and Surrounding Areas

In a Florida divorce, issues such as property division, parenting time, and spousal support must be determined before the divorce is finalized. In some situations, it may be necessary for a court to consider evidence in divorce cases to decide the outcome of one or more contested issues. A Boca Raton divorce lawyer understands the kind of evidence that can make a difference in a divorce case and can present that evidence persuasively in court. At the Law Office of Jessica Mishali, P.A., we can navigate you through evidentiary hearings and any other courtroom proceedings that may be necessary in your divorce case.

Evidence in Divorce Cases

Much like other types of litigation, evidence in divorce cases may be obtained through the discovery process. The purpose of discovery is to seek relevant information and documents from the spouses and possibly third parties, which may subsequently lead to admissible evidence. The appropriate types of evidence will vary based on the specific facts and issues of each case. While little evidence, if any, is needed for a simplified dissolution of marriage, most divorce cases utilize evidence in some manner. For example, evidence obtained through discovery may be helpful to successfully negotiate the settlement terms of a divorce.

If the spouses cannot agree on all of the issues of their divorce, a final hearing or trial will be held. At the final hearing, each spouse will have the opportunity to present evidence and testimony relevant to the matters that will be decided by the court. The court will consider the evidence and make a final decision on the contested issues. Described below are some types of evidence that may be used in divorce cases.

Financial Records

After the petition for dissolution of marriage is filed, the parties have a duty to disclosure certain financial documents and a completed financial affidavit. Financial evidence may include bank and investment account statements, pay stubs, property records, and other documents that provide information about the couple’s finances, assets, debts, and individual incomes and earning powers. This evidence is critical to an equitable division of marital property, classification of property as marital or nonmarital, spousal support, and other issues.

Witness Testimony

The spouses may testify as witnesses in their divorce case, as well as other individuals who may provide relevant evidence. Teachers, co-workers, neighbors, and other family members are a few examples of potential witnesses. Expert witnesses are qualified professionals such as accountants, doctors, and psychologists. They have specialized knowledge in their field and can testify as to matters such as business valuation, property appraisal, vocational evaluation, forensic accounting analysis, or the wellbeing of the children.

Other Relevant Evidence

Some divorce cases involve issues that require a significant amount of evidence. When child custody is contested, or in divorce cases where misconduct, domestic violence, child abuse, or addiction is alleged, a variety of evidence may be needed to establish or defend against the allegations. Social media posts, voicemails, text messages, police reports, school records, and other evidence can be important. A family law attorney can ensure that the evidence presented in court is authenticated and relevant to the issues presented.

Consult a Lawyer in Boca Raton About Your Case

If you have questions regarding evidence in divorce cases, an attorney can advise you. At the Law Offices of Jessica Mishali, P.A., we have the experience and knowledge necessary to litigate divorce cases, including the process of gathering admissible evidence. Jessica Mishali can assist people with divorce and family law issues in Palm Beach, Miami-Dade, and Broward Counties, including the cities of Boca Raton, Palm City, Wellington, Coral Springs, Indiantown, Boca Raton, Boynton Beach, Jupiter, Hobe Sound, Plantation, Pompano Beach, Stuart, Hollywood, Delray Beach, Jensen Beach, Royal Palm Beach, Hallandale Beach, Pembroke Pines, Davie, and Fort Lauderdale. Request a consultation with a skilled attorney by calling (561) 833-2772 or submitting our contact form online.