Best Pieces of Divorce Evidence
In order to successfully prevail in your divorce case, you need strong evidence to support your arguments and legal position. Evidence comes in several forms – testimony, documentation, etc. Each state has its own laws about what evidence you can use in your divorce case. The more evidence you have, the better. Call us at (508) 502-7002 to learn more about our methods and what kinds of evidence can help you in a divorce case.
A Strategic Use of Evidence in Divorce Cases
How can you establish that your spouse has hidden assets, a bad temper, drug or alcohol abuse issues or that he or she is not working to their fullest capacity? Ask a Massachusetts divorce attorney from Miller Law Group, P.C. (MLG). We are truly amazed by how many divorce attorneys, even those with family law trial experience, walk into the courtroom unprepared. Almost every divorce case has witnesses to interview, emails and text messages to gather and records to subpoena, but most divorce lawyers simply do not do their homework.
Our divorce lawyers stand out and prevail in divorce and custody cases because of our strategic use of evidence, as well as our preparation, and attention to detail. Former clients who have gone through the divorce process will tell you that this is the type of lawyer you want on your side.
The types of evidence we use most often in divorce cases include:
- Cell Phones, Smart Phones and Mobile Devices: These contain the story of our entire life — meaning they can display every place you’ve been, every person you have spoken with and every website you have visited. This can be used as evidence.
Facebook, Twitter, Instagram and Other Social Media Posts: You may not realize this, but pictures, posts and other status updates
can jeopardize a person's divorce settlement — resulting in
the loss of child custody, parenting time or even alimony. Divorce and
family law attorneys regularly use electronic discovery to recover information
from home computers, email records, text messages, social networking sites
and other sources. Imagine the damage when it reveals:
- Disparaging comments made about the other spouse
- Pictures of alcohol consumption or drug use
- Pictures of a new girlfriend or boyfriend
- Pictures of your children in a setting that suggests inappropriate supervision
- Vocational (Income Attribution) Experts: Using a vocational expert to help you dodge having to pay an unnecessarily high amount of alimony, spousal support or child support is a smart move. The expert will be able to prepare an analyzed report and give the court an idea as to what jobs are out there, what your spouse is qualified for and what potential earnings he or she could be making.
Electronic Toll Collection Transponder Records: Evidence that shows the location, date and time that a vehicle equipped
with a transponder, such as an E-ZPass, passes a checkpoint can be strong
- The divorce case involves arguments of whether a spouse is working to his or her full capacity. When their transponder shows regular activity near local casinos or entertainment venues, it helps prove the point.
- You are regularly missing scheduled parenting time and you allege prior work commitments. Getting tagged near a new boyfriend’s or girlfriend’s house at the time you are missing time with your children brings into question your true motives.
- Credit Reports: Certain suspicious inquiries made by unknown companies may lead to new spending patterns or hidden assets otherwise unknown.
- Statements made on dating sites, loan applications and rental applications: Divorcing spouses tend to inflate their income or embellish their accomplishments.
Choosing the Right Massachusetts Divorce Lawyer
When asking for names of divorce lawyers, when interviewing lawyers and when deciding which divorce lawyer to hire, different things are important to different people. At MLG, the majority of our work comes from referrals as we rely on former clients to spread the word. For a free, no-obligation consultation with one of our local attorneys, call us at (508) 502-7002 or contact us online. We also invite you to find answers to your questions by going to our FAQ pages or by reading our The Massachusetts Divorce Playbook.