Tips on gathering Physical Evidence

Legal Lotus - Family and Trial Attorneys

One thing to learn from this blog is the importance of physical evidence such as paperwork and documents throughout your divorce. After all, you most likely purchased this book to guide you in organizing your documents. And, while these records are a crucial sort of evidence, some cases necessitate proof other than paper.

The following parts will go over the many kinds of physical evidence they might be asking in your case besides documents and papers. With the Physical Evidence List, make a list of evidence: 


Photographs can be used to present convincing proof. You may use them to demonstrate.

  • Who you are as a parent using a bunch of pictures through a photo album
  • Occurrences of abuses that your ex-spouse inflicted to your child/children.
  • Unfavorable home conditions like problems with security, unhygienic environment, threats of any accidents and etc. Or it may simply show how conducive your living conditions is.  
  • Evidence that specific assets or possessions exist like a house that’s not listed under your spouse’s name but has been existing throughout your marriage.
  • The worth of some possessions or assets. For instance, a Lexus might sound luxurious but a picture of it that shows it had huge scratches from a recent car collision might indicate a depreciation with its price.
  • Any damage inflicted by your partner to marital assets
  • Evidence of specific activities by your spouse. For example, your spouse might have a business or even looting some of your valuable marital assets.
  • Before and after shots comparing the change of value and property whether it increased or not. Especially when you significantly help your spouse’s assets to increase. 
  • Photographs can be powerful evidence since they reveal what you’re trying to assert in full color to the judge. They provide distinct visual representations that frequently have greater power than witness evidence.

Photographs alone cannot be submitted right away.

Photographs alone cannot be submitted right away. To present it as proof, your attorney must have the individual who took the photographs to appear as a witness. The person who took a photograph must testify that he or she took it, that it is an exact portrayal of whatever it depicts, and that there were no modifications.

If you decide to use a photograph and you want to present it to your attorney. You can either print them to send them digitally just make sure that it should label and a caption including information like who took, when was it taken, what’s in it like the people involved, or to better organize it, assign each photo with a. number and sent a list of the captions associated with each number. It is a good idea to save duplicates of images because you may not be able to get them back if when you submit them as proof. If it’s a digital photo, save a copy on a flash or hard drive or anywhere else where it won’t be unintentionally deleted.


Another powerful type of proof is video. Because it shows the individual in motion, video can expose a person’s personality or conduct in ways that photos cannot. If you send a video to your lawyer, make sure to include the date it was taken and what’s in it. Keep a digital copy in a secure location.

To confirm that the video is not a manipulated version, some courts will need testimony from the individual who took the video or was in possession of the camera.

Don’t bother sending a video unless it contains significant information. A video of a child playing basketball or playing with your pets will not be of help in front of a judge, but one that illustrates how a parent treats a child or records a critical and exposing incident may be valuable in the case.

Let your attorney know if you have both images and video, and he or she will decide which to utilize.

Voice Recordings

You need to understand that phone or tape-recording discussions with your spouse without their permission is actually unlawful in many places. To learn more about the laws and regulations in your state, make sure to check it at or call your attorney.

When providing audio recordings to your attorney, make sure to mark them with the dates and names of when and whoever is involved. Voice recordings are only relevant if they contain concrete proof or a significant admission by your spouse.

Other Physical Evidence

Below are sorts of non-document physical evidence that your attorney may be able to utilize:

  • anything damaged by your spouse 
  • torn, dirty, or clothing that has blood on it indicating abuse towards you and your child/children.
  • All of significant computer flash drives
  • Any videos on the computer that shows child pornography and the likes
  • messages left on an answering machine or voicemail

It is important to remember that you should not steal or hide things to use as proof, such as your ex’s cellphone, laptop, or other property.

When providing physical evidence, someone with firsthand knowledge of the thing must testify. Include a written summary explaining what the item is, its relevance, and who the relevant witness might be when you give physical evidence to your attorney.

How to Find Evidence

All of the evidence you submit to your attorney must be related to some aspect of the case, so the first thing to consider is what you’re attempting to show. Don’t include the evidence on topics on which everyone agrees. Examples of issues that must be proven include:

  • your partner is a horrible parent
  • you are an excellent parent.
  • your child has specialized needs
  • your spouse ruined marital assets
  • you abandoned your studies to support your spouse and care for your children.
  • your spouse has harmed or assaulted you
  • you spend a long time repairing the house your ex-husband purchased before you married.
  • your spouse isn’t properly declaring his or her salary, possessions and income.


At the end of this book, the Physical Evidence List will help you understand what each type of proof can show about you and your spouse. Then you collect the evidence you require when your spouse is not present. If you are concerned about penalties from your spouse, speak with your lawyer.

You can look around for information that may be relevant to your case. The final decision on whether something is beneficial should be given to your attorney. It is your responsibility to supply as much evidence and information as feasible to him or her. Then stand away as he or she determines what is lawful and what matches into the overall plan

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

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