When to Call Witnesses in Your Divorce

Written by Jonathan Breeden

September 7, 2020

There are several reasons why you may want to call a witness in your divorce, and you are typically allowed to do so. But calling witnesses should be done carefully and for a purpose. After all, you don’t want to parade your friends and family members into court to talk about your marriage if you don’t have to.

However, when you are going through a divorce in North Carolina, you may need to establish some facts about you, your spouse, and the marriage. The best way to do this may be to bring in witnesses, so the judge has another person’s word to base their opinion on.

If you believe your divorce case would benefit from calling a witness, contact Breeden Law Office at (919) 661-4970 to speak with an experienced divorce attorney.

With over 20 years experience and local offices in Raleigh, Garner, Angier, and Smithfield, attorney Jonathan Breeden has helped countless individuals successfully resolve their divorce issues so they can move on with their lives.

Can I Use a Witness at a Divorce Hearing?

Generally, calling witnesses in divorce cases is permitted. But whether or not you can and should call a witness depends on several factors.

A lawyer will carefully review your situation and offer some advice on the best way to handle any specific disputes, such as alimony or child custody and support.

Do You Need Witnesses at Your Divorce?

When you go through an uncontested or no-fault divorce, you may not need any witnesses. In most cases, you do not need to prove your character, because there are no allegations that you did anything wrong.

Usually, divorce witnesses are needed when you face accusations that reflect negatively on you, or you need to support a claim regarding your spouse.

When Should You Call a Witness During a Divorce?

There are several reasons why you may want to call a witness during a divorce. One of the top reasons is for a third party to be a character witness.

A character witness is someone who knows you well and can speak to the fiber of your character. This type of witness is important if your morals, ethics, or responsibility are questioned by your spouse. You may want to call a character witness during a child custody dispute when a judge must decide the parenting schedule that is best for a child.

Another reason to call a witness in a divorce case is to support accusations you make. For example, if you make claims about your spouse that would affect their child custody, you are going to need to prove it. Baseless accusations will not help you or make you look good in front of the judge.

One way to prove your accusations is to have one or more witnesses testify. For instance, if you claim your spouse committed marital misconduct, you may have friends and neighbors describe what they saw.

Witnesses Can Be Questioned by Both Sides

If you call a witness during your divorce, you should be aware that your spouse’s attorney can cross-examine them.

First, your witness will be placed under oath. Then your attorney will ask them questions. Your divorce attorney and witness will have prepared for this. Your witness knows what questions to expect and how to best answer. But when your attorney is finished, your spouse’s lawyer also has the right to question your witness, and they must answer truthfully.

Contact Breeden Law Office Today

If you are planning on filing for divorce, or you received notice that your spouse has filed, it is best to contact a North Carolina divorce attorney. By working with an attorney, you have someone to guide you through the legal process and protect your interests. Your lawyer will evaluate if and when to use witnesses to address the specific issues in your divorce.

Let Jonathan Breeden walk you through the process of getting a divorce, tell you what to expect, and ensure you’re prepared.

Contact Breeden Law Office at (919) 661-4970 today to schedule a consultation.


Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden