Marital and Family Law Attorney
Evidence in Divorce Cases
Assisting people throughout South Florida, the Law Offices of Sandy T. Fox, P.A. is comprised of Miami divorce lawyers who are knowledgeable in a wide range of family law matters. These include issues related to alimony, child custody, child support, and property division. Sandy T. Fox has experience resolving complex cases involving substantial assets and a firm commitment to protecting the interests of his clients by using all of the tools available in the legal process. He is a Florida Bar Board Certified specialist in Marital & Family Law.Using Evidence in Divorce Cases
In some cases, spouses may be able to resolve a divorce efficiently through a simplified process called uncontested divorce. The spouses must meet certain requirements, including that they agree on how property will be divided and that neither spouse is seeking alimony, in order to qualify for this process. Couples that are not eligible for the simplified process will generally be required to go before a judge in order to get a divorce. These cases often go to trial when issues like child custody and support cannot be settled.
Divorce litigation is much like any other litigation. The spouses have a duty to exchange information before trial during the discovery process. They also have the right to present physical evidence and witness testimony during the proceedings. These cases are usually decided by a judge, who is expected to weigh the evidence and apply state law to reach a decision resolving the matter. The judge’s decisions may be appealed to a higher court.
The goal of evidence is to help the judge resolve the issues by giving the judge a clear picture of the couple’s finances, assets, debts, and individual incomes and earning powers. This may mean providing bank records, pay stubs, property recordings, and other information to establish where the couple resided at the time that they separated, which property needs to be divided, and whether either spouse may be entitled to alimony.
When child custody is in question, the court will also look for evidence indicating which type of custody arrangement may be in the child’s best interest. Here, each spouse may introduce evidence about the child’s relationship with each parent and possibly expert testimony. In cases involving allegations of abuse, the court also may wish to review emails, text messages, social media posts, and other stored electronic communications. This evidence must be authenticated before it can be entered into the record.Discuss Your Divorce Matter with a Miami Lawyer
At the Law Offices of Sandy T. Fox, P.A., our Miami divorce attorneys work tirelessly to gather the evidence needed to protect our clients’ interests. We draw on significant legal experience, investigative resources, and outside experts to ensure that we provide judges with the clearest possible picture of the issues in each case. We are committed to helping South Florida residents navigate the legal process with personal attention and professionalism. If you are considering filing for divorce in Florida, contact the family law attorneys at the Law Offices of Sandy T. Fox, P.A. for a free consultation. You can reach us online or by calling 800.596.0579. We also assist people in Aventura, Hollywood, and other cities in Miami-Dade and Broward Counties.