The use of evidence in a Massachusetts Divorce case is a necessary tool that can be instrumental in obtaining the most advantageous results. However, it is frequently that case that attorneys either do not do the background work necessary to produce effective evidence in court, or do not know how to. Call our offices at 978-273-8337 to find out what evidence should be presented at trial.

Evidence List for a Massachusetts Divorce

Below is a short list of the types of evidence that Massachusetts Probate and Family Courts will entertain in a divorce. It is important to note that not every divorce goes to trial, and therefore, evidence may not be needed in the final analysis. Still, it is very helpful to know that such evidence exists particularly when that evidence is harmful to one side as strong evidence can be very useful as a negotiation tool to avoid the expense of trial altogether in these situations.

• Photographic Evidence
  Whether a photo of improper activity on the part of one party, or of evidence of a lifestyle that is particularly damaging to one side…these are two examples of how photographic evidence can be used in a Massachusetts divorce. Photographic evidence can also be positive, that is, used to demonstrate the emotional and other support given by a parent, for example.
  
• Video Evidence
  As with photographic evidence, there are times where video evidence is a useful tool to use in the the courtroom. Video of family vacations, and other meaningful activity between spouses might be used to demonstrate the loving relationship from parent to child for example (where allegations of abuse might be involved in the case).
  
• Audio Evidence
  Similar to photographic and video evidence, audio evidence might be helpful in a Massachusetts divorce when one party to the divorce is attempting to demonstrate conduct of another party where that conduct is damaging to that party.
  
• Computer, Laptop and Tablet Data
  What we do on our computers might be useful evidence in a divorce. Sometimes computer related evidence is easy to locate, at other times forensic computer data recovery specialists might be employed to recover information that has been destroyed or that is lost. Using experts in computer science can get expensive and probably won’t be useful in the average divorce in Massachusetts as this type of work is not cost effective in the big picture, however, such work is possible.
  
• Cell Phone Data
  As with computer-based evidence, the data stored on a smartphone is extremely useful. Such data demonstrates the habits of a spouse: contact with children, with a spouse, with a lover, etc.
  
• Documents of Various Kinds
  While there are many types of evidence that would fall into the category of a documentary evidence, there are many types that are necessary to produce in a divorce in Massachusetts: contracts, letters, etc.
  
• Tax Returns
  Demonstrating income is necessary by Massachusetts law and standing orders of the court, tax returns fall into this category of evidence that must be produced in the divorce process in Massachusetts.
  
• Bank Statements
  As with tax returns, bank statements must be produced and entered in as evidence in Massachusetts by law.
  
• Retirement Account Statements
  As an asset, retirement accounts will be analyzed by the court and included in the asset portfolio of the marital estate.
  
• Paystubs
  The court will want to see proof of each pay period of a party to the divorce for a certain period of time.
  
• Statements from the Social Security Administration
  Another way to substantiate the income of a divorce client is to write to the social security administration to receive a complete annual breakdown of income. Such records can take as long as six months to receive so it is important to make requests for this type of evidence early in the process.
  
• Social Media Posts
  People have become more self-aware over the years as to what they post on social media. In the early days of social media, many people posted themselves doing ridiculous things, or in places where they could not possibly be based on statement previously made. The evidence available on social media may have waned in recent years, but this can still be a resource for evidence useful in a Massachusetts divorce.
  
• Private Investigator Findings
  A private investigator is a very useful tool for generating evidence in a divorce case in Massachusetts where conduct of one party is at issue. This is often a major expense and used only sparingly, if at all, or when there are large assets at stake in the divorce.
  
• Witnesses
  Friends, family, co-workers, and other witnesses produce valuable testimonial or even written evidence in a few narrow circumstances useful in divorce cases.
  
• Expert Witness Testimony
  Another expense that is often only necessary in very specific circumstances is the evidence offered by an expert witness. Accountants, medical professionals and other experts can be instrumental in proving or demonstrating a particularly difficult, complicated piece of evidence to the court.
  
• E-Z Pass Records
  Using Massachusetts E-Z pass to demonstrate conduct or location of a spouse is strong evidence in court.
  

The topic of evidence that might be used in a divorce in Massachusetts, clearly, is very broad. Contact our offices at 978-273-8337 to learn more about the evidence that might be helpful if you are considering filing for divorce in Massachusetts.

DISCLAIMER: The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site