Woman giving testimony

Do you need a witness in a divorce case?

If you are in the middle of the divorce or had just filed a Petition for Dissolution of Marriage, you are probably considering what is expected in a divorce case. Possibly little known to you, a character witness in a divorce case is a common resource. It is the surest way to simplify proceedings while vouching for your good character in court.

However, who exactly can serve as your witnesses? The short answer is anyone who can provide an honest testimony of your reputation in court. Some examples are friends who may have known you for a long time or neighbors that can attest to your routine and daily habits. When you have a list of possible candidates, the next step is to contemplate past conflicts which may eliminate some. Even thinking about who will protect your interests will help determine the best person(s) to speak on your behalf.

Selecting your character witness

Although you may think a family member would be the natural choice as a character reference, some courts rules prohibit it due to the belief of pre-existing biases. Therefore, a reliable friend or a close colleague would be the optimal selection since they should have spent a fair amount of time with you and can make an honest assessment about you.

Except, in some cases, you may need to need your character witness to corroborate certain claims such as abuse. In those cases, you should choose a close friend who could have witnessed the abuse and vouch for its existence. A colleague from work may never have opportunity to meet your spouse and may never see evidence of abuse, if at all. When children are involved, sometimes a nanny or a babysitter can provide an equitable account of both parents’ behaviors which will be an asset in deciding child custody. A character witness in this unique position will be able to tell the truth about both parties involved and not just yours.

The final steps

Choosing a character witness is just one small part of building a divorce case.  Therefore, navigating the divorce process should never be attempted alone since it is so challenging. Do not face it on your own but turn to Buncher Family Law where you will find a caring and knowledgeable attorney able to guide you through the steps of divorce. If you’re looking for an accomplished divorce attorney in Orange County, Buncher Family Law will make it a priority to minimize stress and maximize efficiency to expedite you through an overwhelmingly complex process.

Posted in Court Preparation, Divorce, Support.