Choosing the Right Witnesses for Your Divorce

Deciding to get a divorce is a very difficult decision. You have likely spent countless hours trying to decide whether to go through with the decision and once you decided you have, deciding the appropriate timing.  Hiring an attorney, gathering evidence, and helping your attorney with strategy planning are just a few of the tasks that are important leading up to your divorce hearing.  Another essential step is choosing the right witnesses for your divorce.

One important consideration in choosing the right witnesses is what you are trying to prove.  For example, the witness you will need to demonstrate that you are the primary caretaker for your young children would be a very different witness than you would use to prove your regular income for spousal support purposes.  Think carefully about exactly the issues that the judge will need to decide.

Second, consider whether you will need the assistance of an expert witness to prove one or more of your issues.  Expert witnesses can be essential to help prove complicated financial issues, such as the value of a business or real estate.  While you or others close to the issue (such as a business manager) can provide evidence on, for example, the value of a business, these typically involve complex calculations to arrive at an accurate figure.  An expert witness is likely your best choice if the issue is financially complicated.

Third, consider whether a medical or mental health professional may be needed.  These types of witnesses are most often needed if one of the issues is whether you or the other parent are fit to have the children most or even some of the time.  A mental health expert can help explain to the court why you are a suitable person to have the children if your spouse is making allegations that you are unstable.  Conversely, if your spouse has serious mental health problems, the professional can explain to the court what risk your spouse could pose to the children if left alone.

Finally, fact witnesses may be very important.  You may have friends or family members who have personally witnessed behavior from you or your spouse that is dispositive of one or more issues in your divorce.  For example, if your friend has witnessed your spouse verbally abusing you, it may be important to have your friend in court to help relay that information to the judge.

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We have extensive experience helping our clients choose the right witnesses to prove their case.  Call us today to talk about your divorce and your goals.

Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. Call our office at (908) 738-8512, email us, or contact us through our confidential online form to schedule a consultation

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