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Can you call witnesses during a divorce hearing?

On Behalf of | May 9, 2023 | Divorce

If you and your spouse cannot resolve divorce-related matters outside of the courtroom, you may have little choice but to go to trial. This type of divorce, known as a contested divorce, can be contentious, of course. This is because you and your soon-to-be ex-spouse are likely to have different interests.

According to the New Jersey Judiciary, a judge might order you and your spouse to try to mediate your disagreements before going to trial. If mediation is not successful, though, you may need to present evidence at trial to make your case.

Witnesses can be good evidence

Your friends and relatives may have relevant information to share with the court. If so, it is possible to call them as witnesses. Your soon-to-be ex-spouse also can call his or her own witnesses. Remember, though, your attorney and your spouse’s lawyer will have an opportunity to cross-examine witnesses.

Witnesses can clear up technical matters

If you have complicated assets or other technical matters to address, your situation might fall outside the expertise of the court. Having an expert witness to clear up technical details can be useful. If you intend to call an expert witness, however, you should expect your spouse to call a rebuttal witness. This person might attack what your expert witness has to say.

Because it is not uncommon for divorcing spouses to have disagreements over spousal support and the division of marital wealth, witnesses are sometimes necessary. Ultimately, though, before you put anyone on the witness stand, you must know exactly what he or she intends to say during testimony.