If you decide to introduce one or more claims of fault into your divorce, you will need to gather evidence to support the claims. Faults such as abandonment can be difficult to prove. In North Carolina, for instance, abandonment is defined as leaving the marriage without just cause or without consent, and in some states (North Carolina included), abandonment applies only to alimony judgments, not to the divorce itself.
Adultery is another type of fault that must be proven. When it is necessary to prove an adulterous relationship, you may consider the use of a private investigator, a review of phone records, recording of phone calls, and a search of a computer. At our law firm, we have good working relationships with several private investigators that do surveillance and lawful forensic work with computers. We compile records of cell phone usage and more. We examine credit card records and other records, looking for evidence of some kind of fault. If there is an accusation of physical abuse, we use photographs, medical records, and other documentation. We can sometimes even subpoena travel records from an employer.
A word to the wise: sometimes it’s prudent to gather the information early to have it in case you need it, but that doesn’t necessarily mean you have to go in that direction.
