What Kind of Evidence is Needed in Divorce Trials?

 Posted on February 13, 2025 in Divorce

The prospect of divorce litigation can be intimidating. Unless you have been through a contested divorce before, you do not know what to expect. It is normal to be nervous about an upcoming trial, but knowing that you are well-prepared can help you feel more confident. In an uncontested divorce, no evidence is introduced because the parties themselves are making the decisions, and both parties are presumed to know the truth. In a contested divorce, the judge will need to see evidence to help him or her decide what the facts of your case are so that he or she can make an informed decision. An experienced Houston, TX divorce attorney can assess your case and help you begin gathering the evidence you will need.

Your Testimony and Your Children’s Testimony

Perhaps the most important - and most frequently used - form of evidence in a divorce trial is testimony from the parties and their children. Judges are often - but not always - able to discern when a party is telling the truth from listening to testimony in court. You may be asked to answer questions in front of the judge, or to prepare a sworn written statement, called an affidavit.

Your children’s testimony will also be very important when the court is deciding child custody. While courts do know to take what children say with a grain of salt, their words and opinions count a lot. The court will be trying to decide what arrangement is best for the child. Only by hearing from the child directly can the court determine what your child needs from your custody plan.

Proving The Origin of Separate Property 

If you received gifts intended only for you or collected an inheritance during your marriage, you may need to prove where these items came from to show that they are not marital property. A letter from the giver explaining that the gift was not meant for your spouse or records from the probate court or trust that handled your inheritance usually suffice.

If you are claiming premarital property, you may also need records, such as a title or bill of sale, showing that you acquired the asset before marriage.

Why Health Information is Relevant 

It comes as a surprise to a lot of people that you may need to introduce medical or mental health records during a divorce. When the court is dividing your marital assets and when it is deciding child custody, your health is a factor. In property division, the court will need to assess whether you are in a good position to work and support yourself - any disabilities or health conditions you have might affect your economic status. In child custody, the court may need to see that you are well enough to care for your children if your spouse alleges that you have a medical or mental health condition that could affect your parenting ability.

Contact a Harris County, TX Divorce Litigation Attorney

The Cusic Law Firm, P.C. is highly experienced in divorce trials. Our dedicated Houston, TX contested divorce lawyers will do all we can to get you the best outcome possible. Contact us at 713-650-1866 for a complimentary consultation.