What Evidence Can Be Used in a Divorce?

Some divorces, such as those involving no assets or children, can be settled without moving forward with court. But, for divorces that include custody concerns, allocation of large assets or the need for child support, evidence shown in court is critical.

What Is Evidence?

According to US Courts, evidence is defined as “information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other.” In general, there are four types of evidence including physical objects, demonstration, documentation and witness testimony.
For evidence to be accepted in a case, it must be completely admissible, or relevant to the case. Evidence must also be reliable, meaning it must come from a credible source.

Evidence Commonly Used in Divorce

When it comes to divorce, there are some types of evidence that are used more commonly than others.


This type of evidence includes documents such as financial records, letters and more. For example, are you seeking child support or alimony? You’ll need to provide documentation that shows your income and expenses. Are you seeking primary custody of your child? Having evidence that shows you’re paying for the bulk of your child’s expenses might be helpful in court.

Text Messages & Emails

Mobile device service providers can be subpoenaed for text message records. You can also use text messages you have received personally. Emails are also used as admissible evidence if you can prove, without a doubt, that your spouse sent it.


Photos can be used as evidence for showing potential infidelity or abuse. But, you must be able to note when the photo was taken and other information to help prove it is an accurate representation of the event.

Witness Testimony

If someone tells you something against your spouse, it can’t be used as admissible evidence. Instead, any individual wishing to give a testimony must come to court and testify to any encounter personally. This is often used in divorce cases where infidelity is suspected.

Proper Evidence Is Critical to Any Case

Evidence must be admissible to be used in court. It can be difficult to understand what can and cannot be used as evidence on your own. It might be best to seek the counsel of a professional attorney. To learn more about evidence or for answers to your questions, send us a message.