What Kind of Evidence Is “Inadmissible” During a Contested Divorce in Atlanta?

Evidence plays a key role in a contested divorce. During litigation, you will have the opportunity to present all kinds of different evidence while also questioning witnesses. However, it’s important to remember that the court will only accept certain types of evidence. How do you ensure that the court accepts your evidence? This is a question you might want to explore with an Atlanta divorce lawyer.

Evidence Gathered Via Cybercrimes

You cannot use any evidence gathered illegally. This includes evidence that you might have obtained by committing a cybercrime. You might assume that if you access your ex’s devices to find information or files, you can use that evidence in court. However, it is illegal to access someone else’s device without their consent. Even if you know the password, the court might see this as a cybercrime.

Remember, you can access this information legally during the pre-trial “discovery” phase. During this process, your ex must provide any digital files that might be relevant to the divorce. These could include emails, messages, photographs, and so on. 

Hearsay Evidence

As a general rule, hearsay evidence is inadmissible during all trials. This includes divorce litigation. You are not allowed to tell the court what someone else said. Instead, the court must hear this directly from the person who made the comments. In other words, the court must hear it “straight from the horse’s mouth.”

Hearsay evidence extends to certain types of reports and documents. For example, a police report could fall into the category of hearsay because it includes the observations of an officer. The court will likely prefer to call that police officer to the witness stand and hear these observations in a more direct manner. 

Evidence Gathered Through Wiretapping

Like many states, Georgia has wiretapping laws. Specifically, the Peach State follows a system of “one-party consent.” This means that if at least one person consents to recording the conversation, “wiretapping” is legal. In other words, you can record conversations with your ex (or any other person) without first getting their consent.

However, you are not allowed to record a conversation that you’re not involved in. For example, you might record a conversation between your ex and her new lover in secret. This would violate Georgia’s wiretapping laws, and the recorded conversation would therefore be inadmissible in court.

Can a Lawyer Help Me Gather Evidence During a Contested Divorce in Atlanta?

Although you might be eager to start gathering evidence in preparation for your divorce, it makes sense to do so under the guidance of an experienced divorce lawyer. If you’re not careful, you might gather evidence that makes it inadmissible in court. You may even face criminal charges for gathering evidence in illegal ways. Learn more about the next steps in your Atlanta contested divorce by contacting Buckhead Family Law today.

Sources: 

dmlp.org/legal-guide/georgia-recording-law

georgia.gov/file-divorce