How Important Are Witnesses in Your Illinois Divorce?

 Posted on December 13, 2024 in Divorce

If your divorce is even slightly more complicated than a divorce where both parties agree on virtually everything, then you may need witnesses during the divorce process. One of the top reasons for a witness would be when one party calls in a third party as a character witness. A character witness is someone who knows you well and can speak to your overall character.

If your spouse is questioning your morals, ethics, or level of responsibility during the allocation of parental responsibilities, you may need one or more character witnesses. If you are making certain allegations against your spouse, then you might also call witnesses to support those allegations. For example, if you claim your wife is an alcoholic, you might call witnesses who have firsthand knowledge that the claim is true.

It is important to remember that any witnesses called by either side can be cross-examined by the other spouse’s attorney. If you are uncertain whether calling witnesses during your divorce would help or hurt you, or if your spouse is calling witnesses and you do not know how this will affect the outcome of your divorce, speak to a knowledgeable Will County, IL divorce lawyer.

What Is a Witness List and Why Is It Important?

Rule 213 on Written Interrogatories outlines all requirements governing witness disclosure in an Illinois case. Before any witness can be called, the opposing side must have received a witness list that discloses each witness’s name, contact information, and, in general, what the person is expected to testify about. Witness lists include two types of witnesses in family law cases.

The first are "lay witnesses," who are generally family members or close friends but can be any person who has direct knowledge about a situation, event, or person. The second type of witness is known as an expert witness. Expert witnesses are hired by one spouse or the other because they are professionals with specific knowledge about an issue in the divorce.

Before an expert witness is allowed to testify, he or she will be sworn in and then asked specific questions regarding education, professional experience, and expertise in this matter. Both lay witnesses and expert witnesses must be chosen carefully for their ability to back up a position, testify about a specific event or situation, testify more generally about an issue at hand, or testify to the character of either spouse.  

Witness lists must be sent to the opposing party’s attorney via mail or email. This is meant to ensure there are no unexpected surprises in court, although this is not always the case. Witness lists must usually be provided seven to 14 days before a hearing, giving both sides time to investigate the witness and prepare questions for them.    

How Are the Best Witnesses Chosen?

Attorneys choose witnesses who will present their client’s story in the most favorable light. The judge determines the credibility of witnesses, so if a judge does not find a witness credible, this could impact the outcome of the entire case. Lay witnesses must have firsthand information that aligns with the facts. Judges frown on calling multiple witnesses with the same information or witnesses who do not know much about a situation.

Since being questioned on a witness stand can be extremely intimidating, it is important to choose only witnesses who can remain composed under pressure. Equally important is that the attorney knows exactly what each witness will say on the stand because surprise testimony can significantly hurt a case.

Contact a DuPage County, IL Divorce Lawyer

The right witnesses can make a significant difference in the outcome of certain aspects of a divorce. When you have witnesses who are credible and will provide strong, accurate testimony, it will benefit your case. A Naperville, IL divorce attorney from Law Office of Ronald L. Hendrix, P.C. will help ensure your witness list will help obtain the outcome you are looking for. Attorney Hendrix is a court-appointed mediator who holds a master’s degree in guidance and counseling in addition to his law degree. Call 630-355-7776 to schedule your free consultation.