Can I make the other parent testify in court?
A trial is potentially the last and final phase in your divorce. In Florida, a judge or a general magistrate—not a jury—will hear your divorce case. You can make the other parent to testify in your case, and in fact it often is advisable to do so to elicit certain testimony that will not likely be voluntarily disclosed by that person.
Calling the other party as an adverse witness or hostile witness is a trial tactic that you should discuss with your attorney as part of your trial preparation. Further, you should be prepared to be called by the other attorney for the same reasons.
To prepare for your testimony, your attorney will go over questions that he or she will ask you, and anticipated questions you might be asked by the other side. Your attorney likely will have you review the pleadings that each side has filed and any documents that you and your spouse have exchanged or testimony that you have given previously during the discovery phase of your case. It will be necessary to organize the evidence to support your case and/or to disprove your spouse’s version of events.
During the trial, both parties have the opportunity to present their cases by calling witnesses or expert witnesses and introducing evidence. Your attorney may plan for you, your children, family members, friends, teachers or your spouse to testify in your case.
A trial an intimidating process, but your attorney will guide you on how to prepare and who to call as witnesses, including whether to request that your spouse testify in court. The attorneys at Nicole L. Goetz, P.L are experienced with all facets of the divorce process including going to trial. To schedule a confidential consultation and receive more information about your options, please contact our office in Naples, Florida at 239-325-5030.
The information provided on law and legal topics is designed for general information only and does not constitute nor should it be considered legal advice. It is not a substitute, nor should it be considered a substitute for legal advice from a qualified attorney knowledgeable about your specific factual situation.