Tips on Giving In-Court Testimony in Your Divorce or Child Custody Case, Part Two

In our previous blog post, we delved into the intricate world of in-court testimony within family law cases. We introduced the topic, provided some fundamental advice, and set the stage for today’s discussion. If you haven’t had a chance to read our previous post, we recommend doing so for a comprehensive understanding of testimony tips.

Volunteering Information: Proceed with Caution

The word “volunteer” often carries a positive and altruistic connotation. However, in the context of a trial or hearing, volunteering information can lead to unintended consequences. When your attorney advises against volunteering information, it means you should focus on answering the question asked without jumping ahead or offering unsolicited details.

While it may seem apparent where your attorney is heading with a line of questioning, resist the urge to anticipate and provide answers to unasked questions. Trust that your attorney or the opposing counsel will have opportunities to explore relevant subjects further. Clear, concise, and honest responses are the most effective way to testify.

Answering Questions at Your Pace

During testimony, you will have a reasonable amount of time granted by the judge to formulate your responses. Embrace this opportunity and refrain from rushing through your answers. Attorneys are skilled at subtly phrasing questions to create confusion and elicit hasty responses.

Avoid the trap of answering questions prematurely. Take the time you need to ensure your responses are accurate and well-considered. Composure and thoughtfulness during your testimony will serve your case better than rushing through answers.

Managing Your Tone on the Witness Stand

Regardless of any frustration or anger you may feel while testifying, it’s crucial to maintain composure for the benefit of your case. Politeness, a calm demeanor, and a straightforward approach will present you as a credible witness.

If you have a penchant for sarcasm, it’s essential to restrain yourself and provide straightforward, truthful answers without adding snarky comments. While you may have a sense of humor, the judge may not appreciate humor infused into your testimony. Remember that opposing attorneys aim to portray you as untruthful or unreasonable, and sarcasm can play into their hands.

Handling Objections During Testimony

Frequently, while you are contemplating a response to a question, the opposing attorney may raise an objection to the question’s validity. In such cases, it’s advisable to remain silent until the judge addresses the objection. If the objection is sustained, the question will be rephrased or replaced. If it is overruled, you will need to answer the original question.

Objections can also pertain to your testimony itself, with a common objection being “nonresponsive.” This occurs when your response appears to answer a question that was not asked directly. In such instances, remain silent until the judge rules on the objection. Then, proceed as instructed by the judge in responding to the specific question.


Thank you for joining us for this discussion on testifying in family law cases. We hope you found this information valuable and insightful. Be sure to return to our website for the third and final part of this series on in-court testimony. If you have further questions or require legal assistance regarding family law matters, please don’t hesitate to contact the Law Office of Bryan Fagan, PLLC. Our team is ready to provide guidance, and a complimentary consultation is just a phone call away.


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  1. Tips on giving in-court testimony in your divorce or child custody case
  2. Tips on giving in-court testimony in your divorce or child custody case, Part Three
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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding Divorce, it’s important to speak with one of our Houston, TX Child Divorce Lawyers right away to protect your rights.

Our Divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

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