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Witness testimony is an important part of many hearings, including divorce hearings.
If a divorce lawyer calls upon you to act as a witness during a client’s case, it means that your experiences with the divorcing couple could be helpful in making sure each one receives fair consideration by the family court so a decision can be reached based on the actual facts regarding the couples' relationship.
Let these recommendations made by divorce attorneys act as a guide on how to be a good witness by providing valid testimony that will benefit the case.
1. Dress Appropriately
When presenting in front of the court or for divorce lawyers in less formal settings, dress neatly and conservatively with attire that does not become a distraction.
2. Always Tell the Truth
Besides the fact that you will be under oath, the only way the testimony provided can be helpful to the hearing and result in a fair outcome is for all evidence given to be truthful based on actual experience and knowledge.
3. Keep Emotions Under Control
Divorce hearings can be very emotional for all involved, especially the two spouses splitting up which according to divorce attorneys mean having an ability to stay calm and able to answer questions thoroughly without allowing any visible emotion to cloud your testimony.
4. Only Answer The Question Asked
While it is important to provide all essential details that are requested, avoid offering more than what is asked.
Yes and no answers are best; however, if asked to elaborate be sure to answer questions from divorce lawyers concisely without adding opinions, unrelated details, or anything else.
If the lawyer needs more information, they will ask for it.
5. Speak Clearly and Pay Attention
Speak at a normal pace, enunciating well, without slurring or stumbling over words and while speaking, look at the judge as if speaking directly to them and avoid looking to the lawyers for cues.
Try not to fidget or play with hair or clothing, stand or sit straight, and always be courteous to the others in the courtroom.
6. Listen Carefully to Questions Before Answering
Think about them a moment to make sure you understand what is being asked.
If you do not understand a question completely, ask the attorney to repeat or clarify it in order to give a correct, concise response.
7. Give Confident Answers
Avoid using phrases like “I think” which allude to doubt in your responses.
At the same time, be aware of the other lawyer reframing questions in ways that could change the meaning of an answer.
It is okay to repeat the original question as part of the answer so there is no confusion.
If your answer is incorrectly repeated by the attorney, politely but immediately correct it so your meaning is clear.
8. Follow Direction of Lawyers or Judge
Answer questions when given the opportunity to speak and stop speaking if asked by judge or a lawyer makes an objection.
Then wait for further instructions to continue speaking or repeat your response.
9. Remain Polite and Courteous in Court
Even if a divorce lawyer is not courteous back or tries to intimidate you, keep calm and speak confidently, remaining courteous to everyone in the courtroom.
10. Do Not Sling Mud
Though there may be some negative feelings between people in a divorce case and even if some negativity is directed at you while testifying, avoid making negative comments, passing judgment, or being insulting.
The judge will be able to come to his or her own conclusion with the help of your honest testimony.
Be The Best Witness You Can Be
Testifying in a divorce case where the outcome could depend partially on what witnesses have to say can be stressful for anyone taking the stand.
Yet your testimony is important to making sure that the family court can properly do its job and make the fairest decision for the involved couple.
Using these tips from experienced divorce attorneys, witnesses can do their part when asked to testify to help a divorcing couple move on with their lives.
