What Evidence Should I Gather Before a Contested Divorce in Atlanta?

A contested divorce requires you to “win” in court, and one of the most obvious ways to win is to present compelling evidence. If you’re serious about achieving a positive result, you need to start gathering evidence as soon as possible. Online research is a valid starting point, but a consultation with a contested divorce lawyer in Atlanta may provide more targeted guidance.

What Are You Trying to Prove? 

The first step is to consider what exactly you are trying to prove. Contested divorces may involve disputes over property division, child custody, child support, alimony, or all of the above. Perhaps you are trying to prove that your ex concealed assets from you. Maybe you want to gather evidence that your ex abused your children. Perhaps you think that your ex has delayed bonuses to push down their child support obligations. The most appropriate evidence depends on the circumstances of each contested divorce.

Understand the Burden of Proof

Before you start gathering evidence, you should also become familiar with something called the “burden of proof.” In a divorce case, the burden of proof is a “preponderance of evidence.” This means that if you’re making some kind of allegation during the divorce, your evidence must show that the alleged act “more likely than not” occurred.

If you are the one facing allegations, you do not necessarily need to show evidence in your defense. As long as your ex fails to establish a preponderance of evidence, you should not experience any negative consequences related to their allegations. A core foundational concept of the American justice system is “innocent until proven guilty,” and this applies to divorce trials.

Common Pieces of Evidence in Atlanta Divorces

At the end of the day, the most appropriate evidence to gather in preparation for a contested divorce depends entirely on your unique circumstances. That being said, there are a few pieces of evidence that divorcing spouses frequently attempt to gather:

For disputes involving property division, financial documents are almost always important. Consider gathering tax returns, bank statements, credit card statements, investment portfolio documents, and anything else you think might help document the assets in question.

For disputes involving child custody, consider gathering your child’s medical records, report cards, and any communications you have received from teachers and principals. If you’re trying to make a specific allegation against the other parent, you must back it up with compelling evidence. For example, you might want to prove that your ex has a substance abuse problem. Effective evidence might include criminal records, police reports, medical records, and social media posts.

Can an Atlanta Contested Divorce Lawyer Help Me? 

A contested divorce lawyer in Atlanta may be able to help you understand what kind of evidence you need to gather. It makes sense to be as proactive as possible as you approach a divorce trial, as evidence may easily become lost or destroyed. Reach out to Buckhead Family Law at 404-390-0000 to learn more.

Source: 

readingroom.law.gsu.edu/cgi/viewcontent.cgi?article=2247&context=gsulr