For most couples who are divorcing, issues in a divorce will be resolved through mediation and negotiation, with a settlement being reached without the parties going to trial. However, for some couples, mediation fails and, therefore, the only way to receive a divorce judgment is through litigation. If a divorce trial is imminent, it’s important to call upon witnesses who can testify on your behalf. If you are calling upon witnesses, who you call and what they have to say could have a significant impact on the outcome of your case.
Witnesses in a Divorce Trial – Who Needs a Witness?
Anyone who is going through a divorce, property division case, or child custody case may be able to benefit from witness testimony. To be sure, a witness may be able to provide valuable information about the grounds for divorce (i.e. offer testimony related to adultery), about child support or spousal support, or to offer information about parental abilities in a custody/parenting time case.
Who to Call As a Witness in a Divorce Case
Who you call upon as a witness in your divorce case will depend on what you want the outcome of your case to be. Examples of types of witnesses you may call upon are listed below, relevant to the issue in divorce you’re litigating:
- Child custody and parental rights cases. In a child custody and parental rights case, there are numerous different witness types who may be able to speak to your child’s best interests, as well as paint a picture of you to the court regarding your abilities to parent. These include child psychologists, family members, school teachers, social service representatives, and friends.
- Fault-based divorces. If you are seeking a fault-based divorce, character witnesses who can speak to the relationship between you and your partner and the grounds on which you are filing divorce, such as a friend or a neighbor, can be key. Employers and mental health professionals may also be referenced, too.
- Property division and spousal support. If you are involved in a property division or spousal support dispute, calling on a financial professional, such as a forensic accountant, can be very valuable. You might also call upon an appraiser who can calculate the value of various assets.
Divorce Attorney Heather M. Ward Can Help
If you’re on the fence about who to call on in a divorce case, whether or not you need witnesses, and the role of witnesses in a divorce trial, it’s best to turn to your attorney for advice. At Heather Ward Law, our lawyer can provide you with straightforward legal advice and guidance that’s tailored to your case and your needs. We know how challenging getting a divorce can be – our Massachusetts divorce attorney will work to protect your best interests. To learn more, please call us directly at 617-903-8955 or send us a message online.