Why a Witness Might Be Required in Divorce Cases

Divorce can stir up strong emotions and delicate family questions. In the middle of those feelings, you might wonder why another person would need to step into the courtroom. At Jackman Law Firm, we have guided Seattle families since 2014, and we have seen how the right testimony can clear up confusion and protect children.

This article explains when a judge may rely on a witness, what that person can offer, and how you can decide whether calling someone to the stand helps your case.

The Role of Witnesses in Divorce Trials

Before deciding if you need one, it helps to understand what a witness does. A witness gives sworn statements that support the court to confirm facts about the marriage, each parent’s character, or a single event the couple disagrees about. Those statements fill gaps that paperwork and lawyer arguments cannot cover.

Under Washington Civil Rule 43, testimony usually happens in person, in open court. Still, the rule lets judges accept video or phone testimony if the technology works well and nobody is maltreated. Remote options became more common after 2020 and can spare travel costs for out-of-state friends or relatives.

When a witness speaks, the judge sees more than words on paper. Tone, body language, and quick follow-up questions reveal details that written evidence hides.

• Direct testimony lets the calling divorce lawyer ask planned questions.
• Cross-examination lets the other side test the story for holes.
• The judge may also ask questions to clear up confusing points.

Because every word is under oath, false statements can result in penalties, such as perjury charges or fines.

When is a Witness Necessary?

In many uncontested divorces, spouses file agreed forms, and nobody needs to take the stand. Washington’s no-fault system means you must not prove fault to end a marriage. The judge can sign orders without extra voices if the paperwork covers property, support, and parenting schedules.

The story changes once disputes appear. If one parent challenges the other’s fitness, claims hidden assets, or accuses the other of violence, a neutral third party may be the best way to confirm or disprove the claim. Judges prefer real facts over rumor, and live testimony can tip the scale when written statements conflict.

Common Reasons to Call a Witness

Deciding to bring someone to court is rarely casual. Below are the most frequent situations where live testimony helps.

Character Witnesses

A character witness discusses daily habits, honesty, and parenting style. Friends, teachers, coaches, or child-care providers often play this role. Their words carry extra weight in custody fights because the court focuses on the child’s best interests, not the parents’ feelings.

When picking a character witness:

1. Choose someone with firsthand contact, not stories heard secondhand.
2. Make sure the person can stay calm under questioning.
3. Avoid immediate family if possible, as judges may see bias.

Supporting Accusations and Claims

Courts need proof, not gossip. If you allege drug use or unsafe housing, you must back it up. A neighbor who smelled drugs, a co-worker who witnessed angry outbursts, or a medical provider who treated injuries can connect the dots for the judge. Unverified claims can harm the accuser’s credibility and drag out the trial.

Helpful testimony often covers:

• Dates, times, and descriptions of troubling incidents.
• The efforts the witness made to intervene or document the problem.
• Did the incident have an impact on children or property?

Child Testimony

Bringing a child to court is a last resort. Washington judges first decide if the child understands the duty to tell the truth and can handle the stress. Even then, testimony usually happens in the judge’s chambers (an “in-camera” hearing) without parents present. This private setting reduces pressure and allows honest answers.

State law also lets children testify by secure video from another room so they do not have to face either parent directly. Whether in person or remotely, the judge keeps questions short and avoids putting the child in the middle of parental arguments.

To compare these witness types at a glance, see the table below.

Considerations When Choosing a Witness

Not every friendly supporter makes a strong witness. Pick someone who watched events with their own eyes and remembers details clearly. Courts value precision; “I think” or “I heard” weakens testimony fast.

Remember that relatives often want to help, but some judges assume parents, siblings, or new partners will support you no matter what. A teacher, doctor, or coach without a stake in the outcome can look far more credible.

Before the trial, meet with your lawyer and the proposed witness. Review likely questions and fill any memory gaps with written timelines or photographs. Preparation avoids surprises and keeps the story steady under cross-examination.

The Process of Witness Testimony

Every witness starts with an oath to tell the truth. Your family law attorney then leads the direct examination, asking open-ended questions that let the witness explain events in their own words. Short, clear answers work best.

The other lawyer then begins cross-examination. The tone can feel tense, but a well-briefed witness sticks to facts and resists guessing. Judges notice the difference between confidence and exaggeration.

After cross-examination, your attorney may ask follow-up questions to clarify any confusion. When all sides are satisfied, the judge dismisses the witness, who is then free to leave or stay for the rest of the trial. Being honest at every stage protects the case and the witness from potential penalties.

Need Help with Divorce and Witness Strategy? Contact Us Today

At Jackman Law Firm, we’ve guided Washington clients through divorce since 2014, focusing on child-centered outcomes and courtroom preparation. Whether you’re considering calling a witness or facing allegations that could affect parenting time, we’ll help you weigh the risks and build a clear plan. Call us at 206-558-5555 or visit our Contact Us page to schedule a consultation. Early guidance and careful preparation can protect your rights and stabilize your case.