Nashville View

Evidence in Divorce Cases

Nashville Attorneys Providing Representation in Contested Family Matters

In Tennessee, a divorce may be granted based on ‘irreconcilable differences’ if neither party is responsible for the marriage’s dissolution, or it may be based on one party’s fault in ending the union. When the grounds for a divorce are based on fault, evidence in these proceedings becomes more important, since one party needs to prove that the other has acted wrongfully. Often, moreover, there is a disagreement related to property division, alimony payments, or child visitation, custody, or support, any of which requires detailed evidence to determine what is fair and right. The Nashville divorce lawyers at Martin Heller Potempa & Sheppard, PLLC assist clients in gathering, interpreting, and presenting the proper evidence in divorce cases to ensure that their best interests are served during the proceedings. We are one of the most technologically advanced firms in Tennessee, utilizing cutting-edge forensic tools, experts, and other resources to advocate on behalf of our clients. If you need legal guidance in your divorce case, contact our office today to find out more about our services.

Gathering Useful Evidence in Divorce Cases

When the spouses are unable to reach an amicable marital settlement agreement regarding property division, child support payments, visitation arrangements, or other stipulations in a divorce, they often need to turn to court proceedings to sort out the details. In these situations, certain evidence is necessary in order to support each spouse’s side of a disagreement.

In determining which assets are marital and therefore subject to equitable division, versus those that are separate, documentation regarding their origin is important, as well as bank account records that may show whether property has been commingled or otherwise advanced by a marriage. Valuing a family business also often requires the use of accounting professionals to assess its earning history, its growth potential, and the effect of its reputation. Documents such as credit reports on each spouse and debt evaluations factor into dividing both debts and assets upon a divorce.

In child custody cases, when one spouse is claiming that the other spouse is mentally unfit, determining the evidence that is allowable may be more difficult. The Tennessee legislature recently passed a law classifying communications between psychologists and their patients as privileged and confidential, unless the privilege is waived. This means that if one spouse is alleging that the other spouse has a substance abuse problem, or that they suffer from a debilitating mental illness that interferes with their ability to care for a child, for example, the judge must weigh the statutory exceptions allowing privileged information to be presented against a patient’s right to privacy.

Evidence regarding a spouse’s income, earning history, and potential is also important. When a divorce is especially contentious, and one party is attempting to keep more property than they are entitled to retain, various methods may be employed to disguise income or hide assets from the other spouse. In these instances, experienced forensic accountants may be necessary to uncover any undisclosed tax returns or financial statements, as well as offshore accounts.

Gathering evidence in divorce proceedings to support a fair and equitable outcome can be a tedious task. Making sure that you have an experienced attorney who can provide you with appropriate guidance and resources can make a key difference in asserting your legal rights.

Retain an Experienced Divorce Lawyer in Nashville or Surrounding Areas

Ending a marriage is a difficult and emotional time for families, especially when arguments regarding sensitive subjects like child custody arrangements are not quickly resolvable. The Nashville attorneys at Martin Heller Potempa & Sheppard, PLLC are dedicated to making sure that clients feel at ease with the legal process, taking the time to explain the proceedings and helping to gather the evidence necessary. Our firm also offers seasoned representation to clients in Franklin, Belle Meade, East Nashville, and Cool Springs, as well as other areas of Davidson and Williamson Counties. If you need assistance in divorce proceedings or with any other family law issue, contact our office today online or at 615-800-7096.