Should I be Using Witnesses in My North Carolina Divorce?
When most people think about trials, they might conjure up images of witnesses being interrogated on the stand. But could this situation play out in your divorce trial? If you are going through a difficult, high-conflict divorce in North Carolina, you might be wondering whether you can use witnesses to support your claims. You might also be facing wild accusations from an emotional ex who wants to use this trial as a vehicle for vengeance. You might already have ideas about who you can have testify on your behalf.
The first step is to team up with a qualified divorce attorney in your area. Our legal professionals understand the various pros and cons of using witnesses in a trial, and we can recommend the correct course of action. Ideally, you should search for a divorce attorney who has a great deal of experience in high-conflict divorces. We recognize the high-stakes scenario of a contentious divorce, and we can employ a number of helpful strategies to help you. In some situations, we may recommend that you have witnesses testify on your behalf.When are Witnesses Beneficial?
Generally speaking, witnesses are only beneficial in contentious divorces. If your split is amicable and you have already ironed out all the details of your split through mediation, witnesses may not be necessary. You are not being accused of anything, and you are not accusing your spouse of anything, either. Witnesses never even enter into the equation.
On the other hand, witnesses can quickly become helpful if you are going through a high-conflict divorce. In this turbulent and emotional situation, your spouse may make serious accusations against you in an effort to gain an advantage in court. It may be necessary to use character witnesses to maintain your reputation in the eyes of the judge. You might also want to make accusations against your spouse, and witnesses can help you legitimize these accusations.Child Custody Witnesses
Witnesses are often utilized by one or both spouses during a custody battle. In this situation, the goal is to prove that it is in the child’s best interests to live with you rather than with the other spouse. The judge typically takes a number of factors into account to determine the best option for the child, and they will obviously consider accusations of child abuse, neglect, or irresponsible behavior committed by either spouse.
Whether you are the one making these accusations or you are facing allegations yourself, witnesses can be helpful. These witnesses can help you clear your name, and they can show the court that the allegations against you are false. Alternatively, a witness can help you prove that it is clearly not in your child’s best interests to live with your former spouse. Perhaps a witness has seen your ex abusing your children or engaging in other questionable behavior.Marital Misconduct Witness
Witnesses may also be helpful if you are dealing with instances of marital misconduct. Perhaps you were the victim of marital misconduct, and now your spouse is denying any wrongdoing. Someone who personally witnessed your former spouse engaging in an extramarital affair can drastically improve your legal outcomes. If your spouse is found guilty of marital misconduct, you might not be required to pay any alimony whatsoever. A witness can also help you avoid false accusations of marital misconduct. For example, a work colleague can provide you with an alibi by stating you were at the office at the time your spouse claims you were cheating.What Makes a Good Witness?
The best witnesses are those who are clearly unbiased. You can call your sister or your mother to the stand, but the court is unlikely to take anything they say too seriously. Of course they are going to say you are a good person - you are part of their family, after all. Instead, you might want to choose witnesses who are slightly more distant; perhaps a teacher, a babysitter, or a work colleague.Enlist the Help of a Qualified Attorney Today
If you have been searching for a qualified, experienced attorney in Union, Mecklenburg, Iredell or the surrounding counties, look no further than Arnold & Smith, PLLC. We have dealt with countless high-conflict divorces in the past, and we know how to use strong evidence to strengthen your case. We understand that this situation can be incredibly stressful, but we are here to help. Reach out today at 704-370-2828, and we can explore a range of effective legal strategies and methods with you. Our offices are conveniently located in Monroe, Charlotte and Mooresville so do not hesitate to book a consultation at your earliest convenience.