Proving Your Case: Gathering Evidence

Your case is only as strong as the evidence you can provide the court.  As I tell many of my clients, a situation may have really happened, but it's not very much help if we cannot prove it.  Throughout your case, it's important that you keep documentation related to those things at issue.  Some items that might be helpful to your case include receipts, doctor's notes, and school report cards.  The importance of each item depends on your claim.

The general rule for gathering evidence is the more you have in writing, the better.  If you can provide written proof that your spouse/ex-spouse has said or done the things you claim, there is little that can be done to refute it.

One of the big trouble spots for gathering (and presenting) evidence is technology: emails, Facebook messages (and wall posts), and text messages.  For emails and Facebook items, it is usually a good idea to save them as a PDF and/or print them for future use.  (For a description of how to accomplish this, see Melissa Brown's Powerpoint presentation [as PDF] here.)

Text messages are harder because they do not usually remain available for an indefinite period of time.  Cell phone companies insist that they are not able to keep text messages stored for long periods of time.  I think they probably could keep text messages, if they wanted to.  Because of this, the best method for recording text messages is to have them automatically forwarded to your email or download them periodically from  your phone.  

But those capabilities are not available on every phone, so what do you do if you don't have them?  A lower tech way to keep a record of your text messages is to take a picture of your phone screen, with the text message open on it, either by using your phone's camera or a separate camera.  (A video of how to take a picture of your iPhone screen can be found here.  Similar videos can be found online for various types of cell phones.)

I have also found that it is helpful for clients to keep a "divorce journal."  Over time, details get foggy -- relying on your memory alone is usually a bad idea.  In your journal, you can record anything that happens with your spouse/ex-spouse, for example: when you talked, what was said, and what the result of the conversation was; when you received money, how much, and what the method of payment was; the agreed upon visitation schedule, and what actually happened.  While your whole journal may not be admissible in court (and no judge wants to read the whole thing anyway!), the details you record can help your lawyer prepare your case.

Determining which evidence is relevant for your case depends on your claims.  You should always discuss with your lawyer what you should do to strengthen your case and what kinds of evidence you should collect.

Do you need help preparing for a family court case?  

Call 843-488-2110 or click here to schedule a consultation.