Divorce Evidence Collection: Dos and Don’ts

Here are Chicago Divorce Attorneys Recommendations

1. Do Keep Detailed Financial Records

Financial transparency is critical in divorce cases. Keep organized and updated records of bank accounts, investments, retirement accounts, debts, and expenses. This will help ensure that your financial picture is accurately represented when discussing asset division.  Chicago divorce attorneys can help you with all these.

2. Do Document Communication

Whether it’s via email, text message, or social media, communication between you and your spouse could be vital in supporting claims for or against certain positions, particularly in child custody disputes. Be sure to save copies of all relevant conversations.

3. Do Keep a Journal of Parenting Activities

If child custody is contested, keeping a detailed journal of your parenting responsibilities, including dates, times, and activities, can serve as solid evidence of your role in the child’s life. This information can be helpful when seeking primary or shared custody.

4. Do Involve Professionals

Utilize expert witnesses like financial appraisers, forensic accountants, or therapists when necessary. Their professional opinions can validate your claims regarding hidden assets or the emotional well-being of your children.

5. Do Follow Legal Guidelines for Surveillance

If you believe evidence of your spouse’s behavior is necessary (such as infidelity or substance abuse), ensure any surveillance or investigative measures are within legal boundaries. Hiring a private investigator may be a wise decision to avoid breaking any laws.

5 Don’ts in Divorce Evidence Collection

1. Don’t Hack or Spy Illegally

Accessing your spouse’s personal accounts—such as emails or social media profiles—without permission is illegal and could result in criminal charges. This type of evidence is also likely inadmissible in court, so avoid engaging in any form of hacking or spying.

2. Don’t Destroy or Hide Evidence

Tampering with or destroying evidence can not only hurt your case but may also lead to sanctions or penalties from the court. Be honest and transparent with all documents and records, even if they seem unfavorable to your position.

3. Don’t Rely on Emotional Testimonies Alone

While emotional statements about your spouse’s behavior may seem compelling, they hold little weight without concrete evidence. For example, allegations of poor parenting must be backed by documentation or witness testimony to be effective.

4. Don’t Record Conversations Without Consent

In Illinois, it’s illegal to record private conversations without the other person’s consent. Using such recordings in court could backfire and lead to serious legal consequences. Always make sure you are abiding by state and federal laws when gathering evidence.

5. Don’t Overshare on Social Media

Anything you post on social media could be used against you in court. Whether it’s about your financial status, dating life, or opinions on the divorce, these posts could damage your credibility or be used to paint you in an unfavorable light.

Conclusion

Properly gathering evidence can make a significant difference in your divorce case, but it’s essential to follow the rules to avoid legal pitfalls. When in doubt, consult with experienced professionals to help you navigate this complex process. Following these dos and don’ts will ensure you’re on the right track for a successful outcome in your case.

If you’re looking for guidance through your divorce, the Chicago Divorce Attorneys at Petrelli Previtera, LLC can provide expert legal advice and representation. Whether it’s asset division or child custody, they are committed to protecting your interests throughout the divorce process.