How Important Is Evidence in a North Carolina Divorce?

Evidence can be a crucial part of your divorce in Mooresville, especially if you expect a high-conflict divorce. It is never easy to go through a divorce, but this process can become even more challenging if your spouse simply does not want to cooperate. Whether he or she is being emotional or stubborn, an uncooperative spouse can cause all kinds of trouble in a divorce. Thankfully, you can expedite the divorce process and reduce stress by collecting relevant, effective evidence.

With the right evidence, you can cut through all the nonsense and show the court that you mean business. Evidence can help you clear up many different matters as you seek a positive legal outcome. Even if your spouse has hired a skilled attorney, there is not much they can do if you bring solid evidence to the courtroom. Effective evidence is almost impossible to dispute, and it can sway the entire divorce process in your favor.

If you want to collect and use evidence effectively, you should enlist the help of a qualified divorce attorney in Iredell County as soon as possible. When you work with one of these experienced attorneys, you can take the guesswork out of the evidence-gathering process. A skilled attorney will let you know exactly what kinds of evidence you should be gathering and will also collect their own investigations and collect evidence of their own. Of course, a qualified divorce attorney can also guide you through the entire divorce process, including representing you in court.

Collecting strong evidence is important in a divorce for many reasons. However, it all comes down to either proving that your spouse is lying or proving that you are telling the truth. This can be crucial in a high-conflict divorce. Here are some questions you might want to ask yourself as you collect evidence:

• Will My Spouse Fight for Child Custody? If you want primary custody, it is important to collect evidence that supports your case. For example, evidence can show that you spent more time with your kids during the marriage than your spouse did.
• How Much Did My Spouse Earn? If you are unsure about your spouse’s finances, now is the time to start collecting financial documents. Collecting financial documents can be helpful for determining alimony, especially if you suspect your spouse is hiding funds.
• How Will Our Property Be Divided? If you think your spouse will fight for property, you should collect evidence that shows that various assets were marital property, not separate property.
• What Will My Spouse Accuse Me Of? If you can predict the kinds of accusations your spouse will hurl your way during a trial, you can act preemptively and collect the necessary evidence to refute their claims.

There are a few examples of evidence that a court will dismiss. First, your evidence must be relevant to the case. Proving that your spouse is a “bad person” is very subjective, and the court needs to see that their negative actions had a real impact on things like parenting. Simply showing that the spouse once said something mean may not be deemed relevant. On the flipside, positive character evidence can be meaningless if it is deemed irrelevant. A witness giving character evidence needs to do more than simply say that a spouse is a “good person.” The testimony must benefit you in some way. For example, a witness might explain why you are a good parent.

Finally, spouses cannot be compelled to testify against one another. This means that you generally do not have to testify in a divorce trial if you do not want to. There are some exceptions to that rule, most notably if your testimony is important in the context of child support. In addition, you cannot compel doctors to violate your spouse’s patient-physician privilege.

If you are serious about approaching your divorce effectively, reach out to Arnold & Smith, PLLC at your earliest convenience. We have a wealth of experience with high-conflict divorces, and we fully understand the importance of collecting strong evidence as you approach your divorce trial. Not only will we help you collect relevant evidence, but we will also represent you in court and present this evidence effectively and persuasively. If you have been searching the Charlotte area for a qualified attorney, book a consultation with us today at our Mooresville office. We will help you pursue a positive legal outcome.