QUESTION
Will I need to say anything in court or can my attorney speak?
Asked on May 26th, 2015 on Divorce - Florida
More details to this question:
I am about to get a divorce and I was wondering if I was ever obligated to speak in court or in any other appearances or conferences that need to be made. I do not trust myself to say anything and I want my lawyer to say everything. I only want to speak with my lawyer. Will I be required to say anything or give any testimony in court?
8 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The answer depends on the issues in the divorce. In a perfectly stipulated (uncontested) divorce, you will only have to say a few words during the final hearing to the effect that you understand the marital agreement, that the marriage is irretrievably broken, and a few other simple things. Of course, if your spouse (or you) are being unconstructive, you can fight until the cows come home, and then you will have to testify at greater length. Consult your lawyer about all the details. He or she is best equipped to help you with your goals. Good Luck.
Answered on May 28th, 2015 at 5:15 PM
Criminal Attorney serving Houston, TX
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The Montes Law Firm
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If it is a contested divorce, you will have to speak in court. Your attorney can not testify on your behalf. It should be a subject that you discuss with your attorney.
Answered on May 27th, 2015 at 2:27 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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It is up to the Judge but in most cases both parties must address the court.
Answered on May 27th, 2015 at 7:05 AM
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It depends. Some situations and judges require both parties to testify at least briefly. If your matter is contested, then, yes, you would likely need to testify. If you are in agreement on all issues, only one of you will need to testify (if you cannot waive the hearing). You need to talk to your attorney about this: your attorney will know your local court procedures and your local judge's preferences. Your attorney can also help you know all the questions that would be asked and help you prepare if you must speak in court. Best wishes!
Answered on May 27th, 2015 at 7:05 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are the plaintiff you may have to testify. It would be limited. If the divorce is contented you could be compelled to give testimony on a number of issues.
Answered on May 27th, 2015 at 12:09 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You will have to give testimony only at trial. If you come to a settlement, you won't need to go to trial.
Answered on May 26th, 2015 at 7:39 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If the matter goes to trial you will be obliged to tell the court your side of the issues.
Answered on May 26th, 2015 at 7:31 PM
You are paying you attorney to represent you. Allow him/her to do just that. You may or may not be required to speak in Court. If you are, just answer the questions directly, without embellishing, tell the truth and listen to your attorney. Good luck.
Answered on May 26th, 2015 at 4:25 PM