Are Witnesses Allowed in Divorce Hearings?

When going through a divorce, there are countless things to make you worry. From assets and alimony to your future and the rights of your children, it may all seem overwhelming. What do you do, however, if you think someone else may be able to provide crucial insight into your marriage and may help you argue your case better?  Sure witnesses play a pivotal role in hearings of all shapes and sizes in New York, but what about divorces? Are witnesses allowed in divorce hearings?

can you call witnesses in a divorceUncontested Divorces

In the State of New York, there are two types of divorces: contested and uncontested. In an uncontested divorce, both parties have agreed to the terms of the divorce ahead of time and thus have no need or desire to contest the process. Under these circumstances, there is no need for a witness.

Contested Divorces

When a husband or wife contests a divorce, witnesses are allowed to testify and may offer significant help in the course of proceedings. Witnesses generally play one of two roles during a trial. The first role witnesses may play is that of a character witness. A character witness is an individual who can attest to the nature or character of another person. These are usually used in criminal trials, however, and offer minimal effect in divorce cases.
Witnesses, however, may also play the role of someone who has seen, or heard, the actions of the individual in question. In this role, a witness can have a much more substantial role in divorce proceedings. Calling witnesses can be especially effective in determining child custody or visitation rights.  In your divorce, instead of calling a friend or relative as a witness, calling a teacher of your child, or perhaps a coworker may be much more impactful. Judges or juries often view third-party witnesses with greater credibility.


If you are looking to call witnesses during your divorce, be sure to understand that the person you call as a witness will also be subject to cross-examination by your spouse’s attorneys. A cross-examination opens the possibility for opposing attorneys to scrutinize your witness’s testimony and use what your witness says against you.
To ensure that you know all the benefits – and drawbacks – of calling witnesses during your divorce, it’s best to speak with a knowledgeable and experienced New York divorce attorney right away.

Contact an Experienced New York Divorce Attorney Today

Filing for divorce can be a difficult decision to make, but selecting the right attorney doesn’t have to be. Brian D. Perskin & Associates P.C. is one of the most trusted names in New York when it comes to divorce litigation. Brian and his team are aggressive, experienced, intelligent, strategic and most importantly, compassionate. They work diligently with clients and customize representation strategies to fit their individual needs. So, if you’re looking for a divorce attorney who will fight for you, call Brian D. Perskin & Associates P.C. today at 718-875-7584 for your free consultation and learn why we’re New York’s premier divorce law firm.

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