When you testify in court during a divorce case, presenting yourself effectively is essential. Preparation is key: understand the legal aspects of your case, anticipate potential questions, and organize your thoughts. Composure is equally important; maintain a calm and respectful demeanor, dress professionally, and stay focused. Clear and concise testimony is crucial—always tell the truth and keep your answers direct. How you testify in court can greatly influence the outcome of your case, so approaching it with preparation and confidence is vital for success.
Filing a Divorce: An Overview
When we feel apprehensive about something, especially something unpleasant, we tend to look for any excuse to keep us from having to do that particular thing. Suppose you are feeling apprehensive about filing for Divorce. In that case, it may be that you are convincing yourself not to because you do not have the requisite amount of confidence in your ability to testify in front of a judge.
Whether it’s because you’ve seen too many movies where slick-talking lawyers confuse and befuddle opposing clients into admitting things that are not true, or because talking about your private matters in front of a room full of strangers can be intimidating, I have heard several concerns from people in similar positions as you as to why they do not want to move forward with a divorce.
While I would never question or belittle a person’s fears, the fact is that it is doubtful that your case will see the inside of a courtroom. The vast majority of divorce cases in Texas settle before a temporary orders hearing, or trial is necessary. So it’s possible that your worst fears about your Divorce never even come close to fruition.
With that said, if your Divorce does happen to go to a contested hearing or trial, you do not have to go into court without any knowledge of how to conduct yourself or answer questions. Today’s blog post from the Law Office of Bryan Fagan, PLLC, will discuss courtroom testimony advice for people going through a divorce.
Preparation is Key
Testifying in a contested divorce hearing is not something you should do without first preparing thoroughly. This means knowing what the questions will be ahead of time from your attorney and working with your attorney to anticipate what questions you are likely to receive from opposing counsel.
In many cases, your testimony revolves around specific events that occurred, and in this regard, dates matter. Working with your attorney to create a timeline of when and where something happened in your case can be very helpful to you when it comes to recalling and testifying to that information on the witness stand.
Going over something repeatedly, as if you were studying for a final exam, can be a great help, especially if you are feeling nervous about giving testimony.
Divorce Court: Listen to What You Are Being Asked to Answer
This may seem like a no-brainer, but in the heart of a hearing or trial, your mind may be in so many different places at once that the actual question flies right past you. You will likely feel jittery on the witness stand, so pay incredibly close attention to the questions asked.
If a question seems unclear, don’t hesitate to ask the attorney to repeat or rephrase it. Lawyers often ask imperfect questions, and they won’t take offense if you request clarification.
Once you take a moment to decide whether or not you understand the question, think about whether or not you know the answer to it. If the question asks something that you do not know the answer to, you can say a simple “I don’t know” or “I don’t remember.”
Nobody expects you to remember or recall every bit of information connected to your Divorce. It is much better to be honest, and say you don’t know rather than assume an answer or guess.
Of course, if you know the answer to a question, you can state your response succinctly. There is no need to use big words or sound more formal than you would in everyday conversation. Be civil and respectful in answering a question, but there is no need to use the Queen’s English when testifying.
Succinct Is the Name of the Game- Do Not Provide Detail When None Is Asked
One of the biggest mistakes that I have seen clients make when presenting themselves in a divorce court is to give too much detail in their responses to a question. This is a huge mistake when answering questions from the opposing attorney.
Why do people do this? I think the reason is that because this is your divorce, you feel that you need to get it all off your chest in one response. After having held back so much for so long, it is almost therapeutic to open your mouth and let the words come right out.
I can tell you that you will have an opportunity to present the information you desire if you are patient. Giving unnecessarily long answers may draw an objection from the opposing attorney and could also provide information that could be potentially detrimental.
I recommend that clients answer with a one-word response, such as “Yes” or “No,” when opposing counsel asks a question that allows for it. These answers are valid in a divorce court, and you don’t need to elaborate unless the questioner requests more information.
Make sure you listen to and understand the question being asked, and then respond if you know the answer. There’s nothing complicated about this approach.
In conclusion, how you testify in court during your divorce case can have a significant impact on its outcome. By preparing thoroughly, staying composed, and providing clear and truthful testimony, you increase your chances of presenting a compelling case. Remember, your demeanor and communication in the courtroom play a crucial role in influencing the judge’s perception of your case. Taking the time to be well-prepared and focused will help ensure that your testimony works in your favor throughout the divorce proceedings.
Questions about testifying in court? Contact the Law Office of Bryan Fagan, PLLC
We have additional pieces of advice to provide on how to testify in court during your family law case, so please stay tuned tomorrow to read through part 2 of our series on this subject.
In the meantime, if you have questions about anything you read in this blog, please do not hesitate to contact our office. Our licensed family law attorneys are standing by and are ready to meet with you six days a week for a free-of-charge consultation to discuss your case and answer any questions that you may have.
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Other Articles you may be interested in:
- Can You Get a Divorce in Texas Without Mutual Agreement?
- Obtaining a divorce based on the fault ground of abandonment
- Inside a Texas Divorce Courtroom facing Realities vs. Expectations
- Tips on giving in-court testimony in your divorce or child custody case
- Getting Ready for a Hearing On Temporary Custody Orders
- Child Custody Geographic Restrictions in Texas
- Geographic Restrictions in Child Visitation Orders in Texas
- Children’s Passports and International Travel after Texas Divorce
- Child Custody Basics for Texas Parents Revisited
- Child Custody Basics in Texas
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 essential 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 the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
