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What Evidence Will I Need For My Divorce?


Couples who decide to end their marriages must contend with a host of issues before their union can be legally dissolved. The parties will, for instance, need to decide how marital assets will be divided, whether one of the spouses is entitled to alimony, and if the two share children, how they will divide parenting time. When resolving these issues, whether in out-of-court negotiations, or in the courtroom, the parties involved will need to have access to certain kinds of evidence to back up their positions. This is especially important for couples who end up litigating their cases, as it is primarily this evidence that a judge will use in issuing a decision. For help gathering the evidence you may need for your own divorce proceedings, please reach out to our dedicated Fort Lauderdale divorce lawyers today.

Evidence Required for Asset Division and Alimony

Litigating a divorce is much like taking any other civil case to trial, in that the spouses have a duty to exchange information during the discovery process and both have the right to present physical evidence and witness testimony. This evidence will be used to help judges resolve divorce-related issues by giving the court a clear picture of the parties’ finances, assets, debts, incomes, and earning power. Proof could include:

  • Bank records;
  • Pay stubs;
  • Property recordings, including deeds and title documents;
  • Investment account and retirement plan records;
  • Inheritance-related documentation;
  • Appraisals, receipts, and invoices;
  • Loan documents; and
  • Receipts and invoices detailing expenses.

This evidence can help establish which assets each party will retain after the marriage has ended, as well as whether one spouse can afford to pay the other alimony. This is not, however, the only type of evidence that a divorcing couple might need.

Evidence Needed to Establish a Parenting Plan and Child Support Order

When couples have children and decide to get divorced, a court will also require evidence of what type of custody arrangement would be in a child’s best interests. In these cases, each parent will need to introduce evidence about the child’s relationship with them, proof of the child’s school record, and testimony from relatives, teachers, and even expert witnesses. When it comes to determining child support, the court will look at the same financial evidence we mentioned earlier, as well as specific proof of childcare-related expenses, extracurricular activity costs, and tuition. A person can even use emails, text messages, and social media posts to establish a parent’s lack of fitness, or to express concern about the child’s well-being.

Discuss Your Legal Matter with a Dedicated Divorce Lawyer

If you and your spouse have decided to get divorced and you have questions about what types of evidence you’ll need if your case goes to mediation or to court, please call dedicated Florida divorce lawyer Sandra Bonfiglio, P.A. today. You can set up a free case review by calling our office at 954-945-7591, or by reaching out to a member of our legal team via online message.

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