Evidence in Divorce Cases

Family Law Attorneys Representing Residents of Denver and Surrounding Cities

As with any other area of law, evidence in divorce cases is highly important. At Plog & Stein, our Denver divorce lawyers understand that the stakes are high in any family law proceeding. People are often dealing with emotionally charged matters, such as custody and visitation, child support, alimony, and the division of valuable assets. You can rest assured that we understand the nuances of this area of law, including the types of evidence that may be useful to build and strengthen your case.

Presenting Evidence in Divorce Cases

In Colorado, a divorce may be uncontested or contested. An uncontested divorce is one in which the spouses agree on all of the terms of the split. Once this happens, they can file a Separation Agreement with the Court that clearly outlines their resolution to each issue. A judge must then approve the agreement. In most cases, a judge will approve the document as long as it is clear that both spouses voluntarily agreed to it.

A contested divorce, on the other hand, is one in which the parties may clash on a number of issues. In these divorces, the court will assess the situation and ultimately make final decisions on important issues when the parties are unable to independently agree. The judge typically has broad discretion to consider a variety of factors in these proceedings.

During a contested divorce case, evidence is important to support your position in court. Under Colorado law, both spouses are required to make extensive financial disclosures within 42 days after the petition is served. Some of these disclosures include a sworn financial affidavit, the last three months of pay stubs, the last three years of income tax returns, child care expenses, and more. This information is important to accurately divide assets and debts as well as determine the amount of child support and alimony that may be appropriate. Beyond the initial financial disclosures, a case may necessitate an abundance of other financial documents that may ultimately need to be presented as evidence at trial.

When child custody or visitation is an issue, the court will examine evidence to determine which arrangement would be in the best interest of the child. Each parent should gather and present information that bolsters their claim. The evidence should be relevant to the specific issues at hand in your case. For example, when litigating issues regarding custody and decision-making authority, you may need evidence to support your position and to show you are an involved, available, and appropriate parent. This could include documentation of your involvement with school or activities. Likewise, a divorce attorney in the Denver area also might help a parent present any evidence about the other parent’s drug or alcohol use, a record of domestic violence, or any other information that clearly establishes it would be to the child’s detriment to spend time with the other parent. This could include court records, text messages, emails, or other items needed to prove your concerns.

Each case is different, and the appropriate types of evidence will vary according to the specific facts at issue. In some cases, you may need evidence not only to support your own position but also to counter the other party’s allegations. In court, decisions are ultimately made based on what you can prove. A family law attorney will play an important role in helping you gather evidence and present it in an organized, persuasive manner.

Discuss Your Divorce Proceeding with a Denver Lawyer

Procedural requirements, including evidentiary rules, can seriously affect the outcome of a case. This is one reason why it is vital to work with an experienced Denver divorce attorney who understands this area of the law and the use of evidence in divorce cases. At Plog & Stein, we have years of experience helping clients end their marriage in a calm and dignified manner, and we can help you do the same. We also serve residents of Aurora, Centennial, Highlands Ranch, Castle Rock, and other cities throughout Denver, Douglas, Arapahoe, Adams, and all metro area counties. Call us at 303-781-0322 or contact us online to set up a free appointment if you need a child custody attorney or assistance with any other type of family law proceeding.

Client Testimonials
  • His passion and ferocity kept me going through this long ordeal.
    When I first came to Plog & Stein it was simply discuss the renegotiation of child support. Little did I know that within 72 hours I would be retaining Steve Plog for a custody battle. His passion and ferocity kept me going through this long ordeal. I have recommended him to my friends and I would recommend him to anyone with who wants honest and effective representation.
    ★★★★★
  • I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.
    I am thankful for the job Sarah McCain did for me in my fight with my ex-wife for visitation rights with my daughter. Sarah and the team at Plog & Stein handled my case in an efficient, affordable, and professional manner. Sarah negotiated a new parenting plan as well as acceptable visiting rights and even a favorable modification in my child support. I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.
    ★★★★★
  • At the end of the day he was able to produce a settlement that was fair to both parties.
    I highly recommend Stephen Plog for anyone in need of a top notch domestic relations attorney. After a 27 year marriage, Stephen represented me in a complicated and sometimes bitter divorce with many unique challenges. At the end of the day he was able to produce a settlement that was fair to both parties but limited my alimony payments to only 3 years. He is smart, cuts to the chase, knows the court system in the Denver metropolitan area and can be trusted to get his clients the best possible settlement.
    ★★★★★
  • Their service was outstanding, with prompt responses to all of my questions.
    Sarah McCain and Plog & Stein were wonderful to me during such a difficult time in my life. Their service was outstanding, with prompt responses to all of my questions and creative ideas throughout the proceedings to help things go smoothly. Sarah's compassion, patience, and expertise were especially invaluable to me. I highly recommend them.
    ★★★★★