When it comes to divorce trials, one of the most pivotal decisions you’ll make is who to call as a witness. Testimony from well-chosen witnesses can offer critical insights into your case. It can often be the difference between victory and defeat.
Not all witnesses are created equal. Choosing the wrong person to testify could hurt your case more than help it. The key to calling witnesses to testify at trial isn’t about quantity—it’s about having the right witnesses.
Stick to the Facts, Not the Drama
The most important thing to remember when selecting witnesses is that their testimony should center around facts—not feelings, opinions, or drama. Your best witnesses are those who can testify to actual events that occurred during your marriage or the divorce process. This could include neighbors who saw interactions between you and your spouse, coworkers who observed your behavior in the workplace, or even people who witnessed relevant communications between the two of you.
Neutral Witnesses Are More Credible
Too often, divorce trials become contests of pettiness. It’s tempting to call witnesses willing to join in the mudslinging, but these individuals rightly come across as biased. Courts tend to favor testimony from people with no personal stake in the case. Stick to witnesses who can offer a neutral, factual perspective, even if it means excluding those who would be quick to disparage your spouse without contributing meaningful facts.
Calling biased witnesses to testify not only wastes the court’s time but can cause the court to doubt your credibility and the merits of your own case. While friends and family may mean well, their testimony can lack credibility when their loyalty to you is blinding them to the truth. This is not to say you should not have a friend or family member testify, just ensure that these witnesses are few and that they testify honestly.
Rely most on witnesses who have no reason to favor either party. Neighbors, colleagues, or professionals who have no personal connection to either spouse are great options. Their objective testimony is far more compelling and credible, especially when they can simply recount what they observed without injecting personal opinions or judgment (bias) into their testimony.
Character witnesses. It’s common in divorce cases to want to discredit your spouse’s character, especially in cases involving allegations of infidelity, abuse, or irresponsibility and in cases in which character is relevant, such as when determining the child custody and parent-time awards. You may want to prove that your spouse is dishonest and/or has a history of exercising poor judgment. While character evidence can be persuasive, it’s critical to approach its use carefully.
Avoid calling individuals who have personal grudges against your spouse or those who are overtly angry with your spouse. The more neutral the witness the more likely that witness will persuade the judge. Neutral testimony about your spouse’s reliability, behavior, or interactions with others can provide valuable insight into your spouse’s character without the defects of bias.
Don’t Forget Expert Witnesses
In many divorce cases, especially those involving complex assets and finances and child custody disputes, expert witnesses (if you can afford them) can play a crucial role (indeed, oftentimes they can have an unduly outsized impact on these decisions). Courts often place a great deal of stock in the explanations and analyses of expert witnesses such as financial analysts, child psychologists, social workers, and therapists. Not all experts are created equal, but competent, careful expert witness testimony can carry significant weight in court.
The Better the Witness, the Better the Evidence That Witness Provides
When preparing for your divorce trial, remember that it’s a matter of quality over quantity. You don’t win by presenting more witnesses than the opposing party does. Volume does not substitute for merit. Call the necessary few right witnesses. Relying on biased or emotionally charged witnesses can confuse the court and undermine your credibility. Choose carefully who you call to the witness stand.
Utah Family Law, LC | divorceutah.com | 801-466-9277
