What Can Be Used as Evidence in a Wisconsin Courtroom During a Divorce?

When going through a divorce in Wisconsin, evidence plays a critical role in influencing decisions about property division, child custody, spousal support, and more.

Courts rely on objective information to make equitable decisions, and it’s important to understand what can be used as evidence in a Wisconsin courtroom. Here, we’ll explore the various types of evidence, how they apply in divorce proceedings, and how to ensure your documentation is admissible and impactful.

1. Financial Records

One of the primary areas addressed during a divorce is the division of assets and debts. Courts in Wisconsin operate under the principle of “community property,” meaning all marital assets and debts are divided equally unless fairness requires otherwise.

What to Provide:

• Bank statements (individual and joint accounts)

• Credit card statements

• Tax returns (at least the past three years)

• Investment portfolios

• Retirement account details (e.g., 401(k), IRA)

• Documentation of loans or debts

• Pay stubs or proof of income

These records are essential to painting a clear financial picture for the court. If one party suspects hidden assets, forensic accountants can also be employed to uncover discrepancies.

2. Property Documentation

In addition to financial records, proof of ownership or contributions to property can be important, especially if one spouse argues that certain assets should not be considered marital property.

Examples of Evidence:

• Deeds and titles for homes or vehicles

• Appraisals for high-value items (e.g., jewelry, art, antiques)

• Purchase receipts

• Photos or videos of property

This evidence ensures an accurate valuation of assets and clarifies which items are marital property versus individually owned.

3. Child-Related Evidence

Child custody and visitation are among the most emotionally charged issues in divorce proceedings. Wisconsin courts prioritize the best interests of the child when making these decisions, and evidence is critical in demonstrating a parent’s ability to provide a stable, loving environment.

Helpful Evidence Includes:

• Parenting schedules or plans

• School records (e.g., attendance, academic performance)

• Medical records showing parental involvement in healthcare decisions

• Photos, videos, or journals documenting parent-child interactions

• Witness testimony from teachers, coaches, or caregivers

• Communications (emails or texts) between parents regarding childcare

This evidence can help establish which parent has been the primary caregiver and how each parent contributes to the child’s well-being.

4. Communication Records

Emails, text messages, social media posts, and other digital communications can be powerful forms of evidence. They can shed light on a spouse’s behavior, intentions, or even financial dealings.

What to Gather:

• Texts or emails discussing marital issues, finances, or child arrangements

• Evidence of abusive or threatening language

• Social media posts that contradict claims (e.g., spending habits, location)

• Voicemails or recorded messages (ensure recordings are obtained legally)

These records should be handled carefully, as taking private information without consent could violate privacy laws.

5. Witness Testimony

Witnesses can play a vital role in corroborating your claims or providing context to disputes. Witnesses can include friends, family members, neighbors, teachers, or even expert witnesses like therapists or financial analysts.

Examples of Witness Roles:

• Testifying about parenting behavior and involvement

• Providing insight into financial habits or spending

• Recounting incidents of verbal or physical abuse

• Verifying claims of infidelity or misconduct

Witness testimony is particularly valuable in cases where written evidence is lacking or disputed.

6. Medical and Psychological Records

In cases where health or emotional well-being is a factor—such as claims of abuse or mental instability—medical or psychological records can provide key insights.

Relevant Records:

• Documentation of injuries (if domestic violence is alleged)

• Therapy or counseling records (with consent)

• Mental health evaluations (for child custody disputes)

These records can demonstrate a pattern of behavior or highlight concerns about a parent’s ability to care for a child.

7. Employment and Income Documentation

Employment-related evidence is crucial for determining spousal or child support. It can also establish discrepancies if a spouse is underreporting income or working off the books.

Evidence to Gather:

• Pay stubs and W-2s

• Contracts or employment agreements

• Business records (for self-employed individuals)

• Employment history, including promotions or raises

In cases of hidden income, subpoenas may be issued to employers or clients to verify earnings.

8. Abuse-Related Evidence

If abuse—whether physical, emotional, or financial—is a factor in the divorce, presenting evidence of this behavior is vital. Wisconsin courts take allegations of abuse seriously, especially when determining custody arrangements.

Examples of Abuse Evidence:

• Police reports or restraining orders

• Photos or videos of injuries or property damage

• Witness testimony (e.g., neighbors, friends, or family)

• Journals documenting abusive incidents

• Medical records related to injuries

When presenting abuse-related evidence, it’s crucial to remain factual and avoid exaggeration, as unsupported claims can harm your credibility.

9. Documentation of Marital Agreements

If you and your spouse signed a prenuptial or postnuptial agreement, presenting this document is crucial. These agreements often outline how assets, debts, and property should be divided in the event of a divorce.

What to Include:

• A signed and dated copy of the agreement

• Evidence of the agreement’s enforceability (e.g., both parties had legal counsel)

• Proof that the agreement was voluntarily signed

While courts generally uphold valid agreements, they may disregard terms that are deemed unfair or unreasonable.

10. Diaries, Journals, and Personal Notes

Personal records can provide context for disputes, especially in cases involving contested custody or allegations of misconduct.

How These Help:

• Documenting incidents of poor behavior, abuse, or neglect

• Tracking spending habits or financial discrepancies

• Recording significant events (e.g., school drop-offs, medical appointments)

While these documents are valuable, ensure they are detailed and accurate, as inaccuracies can undermine your case.

11. Photographs and Videos

Visual evidence can be extremely compelling in court, providing an undeniable snapshot of events, behaviors, or conditions.

Examples of Useful Visual Evidence:

• Photos or videos showing unsafe living conditions

• Images of injuries sustained during disputes

• Recordings of public interactions that support your claims

Ensure that any photos or videos are unaltered and obtained legally to maintain their credibility.

12. Legal and Court Documents

If your divorce case involves previous legal disputes or agreements, these records should be included as evidence.

Documents to Present:

• Previous custody or child support orders

• Court filings from related cases

• Divorce petitions and responses

These documents can provide historical context and show patterns in behavior or compliance with legal orders.

The Federal Connection: A Word of Caution

In cases involving allegations of domestic violence, weapons possession, or other criminal behavior, it’s important to note that even if state-level charges are dropped, they may still be picked up as federal charges. Federal courts have their own set of laws and penalties, and cases involving firearms, for example, often fall under federal jurisdiction. Always discuss these potential risks with your attorney to understand the full scope of your legal situation.

Being Prepared is Key

Preparing for a divorce in Wisconsin involves more than just gathering evidence—it requires strategy, organization, and a clear understanding of the law. By presenting accurate and comprehensive evidence, you can strengthen your case and ensure your voice is heard in court.

At Gerard Law Firm, we’re committed to providing clear guidance and tailored legal representation to help you navigate this challenging time. Contact us today to learn how we can help you prepare for your case and achieve a resolution that protects your rights and interests.

The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Gerard Law Firm. For advice regarding your specific legal situation, please contact a qualified attorney. If you wish to retain Gerard Law Firm, you must sign a formal agreement. Always seek professional legal counsel for advice tailored to your unique circumstances.