Divorce: 5 Tips If You Are Called As A Witness

Copyright (c) 2010 Lucille Uttermohlen

If you are called as a witness in a divorce case, you have probably chosen sides. After all, your friend, relative or employer is the one who asked for your help, it is only natural for you to feel loyalty to that person.

If you are a brother, sister, mother or father, your whole family could be effected by the court's decision. If you are a teacher or day care provider, you may feel closer to the parent you know better. Regardless of why you are being called on to describe your contact with the family, the following tips will serve you well.

1. Tell the truth. You may feel inclined to color your testimony to help the person who called you. Hopefully, what you say will do that. However, if you exaggerate or lie, it is likely that opposing counsel will spot inconsistencies in what you say, and will ask you clarifying questions in cross-examination that can make it look like you weren't being totally honest in the first place. If that happens, the judge is less likely to take your statements seriously.

2. Don't get angry. That can be difficult. We lawyers are trained to ask questions in the most annoying way possible. We are trying to protect our client's interests, and the less credibility the opposition's witnesses have, the better off we are. If we can get a rise out of someone, or make them seem hostile, we have a better chance of showing the judge that what they say shouldn't be given much weight. After all, if they are telling the truth, they wouldn't have any reason to get defensive, would they?

3. Answer the questions you are asked, without adding information. Sometimes, you may think the judge needs facts you know, and that the lawyers forgot to ask you. . That could be true. However, it is more likely that the lawyer feels that what you could say could be more damaging than helpful at that moment.

The judge may not be sympathetic to what you could say, and the lawyer doesn't want to annoy him. The other facts that have been brought out may make the bit you want to add unhelpful to the case. Even if it is something the lawyer wants to put into evidence, there may be other things that have to be established first.

If you blurt out your contribution ahead of time, it could damage its effectiveness. Some things have to have a "foundation" before they can be put into evidence. If what you say is the subject of the other side's objection, it won't be as easy to use when it might have done the most good.

4. If you don't understand the question, ask for clarification. Explain that you don't understand what information is being sought if you don't know. Don't play dumb. However, if what you are asked doesn't make sense, it may have been poorly expressed.

Lawyers can be in a situation where they know what information they want, but they just aren't sure how to get it. Things change during a trial, and the testimony that seemed necessary in preparation may not be so important as the case develops. Conversely, things may come up that the lawyer didn't consider beforehand, and she may suddenly realize that a piece of information may be useful.

Unfortunately, the lawyer may need the information suddenly, and her question may not come out as logically as she may have liked. . You should always understand what you are answering, and you should never hesitate to ask for more information before you respond if you need it. It doesn't mean you're dumb, it just means that you and the attorney are both human.

5. Sometimes, the court grants a "motion for Witness Separation". This is done so one person can't change their testimony based on what he heard another person say on the witness stand. After you have testified, you may want to watch the rest of the case. Whether or not separation was requested, or you decide to stick around after you talk, there is a tip that will keep you from being yelled at, removed from the courtroom, or in extreme situations sent to jail for contempt of court.

Don't shake your head. Don't laugh. Don't heckle the witness, even if you do think the performance is bogus. Don't try to provide answers to the witness. In short, pretend you are a fly on the wall, and don't say a word unless the judge or one of the attorneys asks you to.


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If you're getting divorced, you would like to know what to expect, right? Lucille Uttermohlen has been a family law attorney for 27 years. She'll tell you all about the divorce process at http://www.couple-or-not.com and will answer any questions you have at lucille@utter-law.com