Benke Law Logo

The Benke Law Blog

Do’s and Don’ts to Being a Witness in a Divorce

In the history of the world, no one has ever had “be a witness in a divorce case” as part of their bucket list. Unfortunately, though, for some, being a witness is a reality, whether they want to be or not. If that is you and you have been called by a divorce lawyer in San Antonio, Texas, here are some tips to get through it as unscathed as possible.

No Faces, No Emotions

Divorces are by nature emotional and daunting, even if you have the best family divorce lawyer in San Antonio, Texas. This is especially true if children are involved or it is contested or both. As a witness, part of the job of the opposing party’s lawyer is to get you riled and show that you are unreliable, too personally invested or too close to one party to be taken seriously.

As such, you must keep your emotions in check and that means you wear a poker face, even if the lawyer cross-examining you is outrageous or putting out unmitigated nonsense. In either case, keeping your cool while pointing out why your testimony is accurate with or without their antics will go a long way in building your credibility as a reliable witness.

Take Your Time, Answer Truthfully, Admit If You Do Not Know 

Take a pause and think about your answer no matter what the question is. With benign questions, like asking your name, it sets a rhythm to your answers that will come in handy if you must use the time to compose yourself later on in your testimony. It also will give your divorce attorney San Antonio, Texas time to object if the opposing counsel asks something out of line. Finally, it will give you a few seconds to get your emotions in check and answer with a level head and clear voice.

Always tell the truth, even if the testimony is damaging to your side. If you are not sure, or do not know the answer to something, admit it. If you are not sure what is being asked, ask for clarification. Under no circumstances should you assume you know what an attorney means by a question.

Do Not Argue


Do not directly challenge a questioner, partly because you do not know what they know and you have no idea how it will be received if you come across as argumentative.


Listen To Your Attorney

Unless you’re an attorney or have inside knowledge that did not come out during your divorce lawyer consultation in San Antonio, Texas, your attorney knows best how to proceed. They have the experience and training to navigate the system. You do not.

Giving reliable testimony is as key as finding a good divorce attorney in San Antonio, Texas, but testifying in a hearing or trial can be intimidating, unless you follow these rules. If you are working with a divorce lawyer in San Antonio, Texas, make sure you practice testifying before you actually are called as a witness.

FREE Consultation

This field must contain Alpha Numeric characters
This field must contain Alpha Numeric characters
This field must contain Alpha Numeric characters
Thank you! Your submission was successfully sent :-)×
Opps! Some went wrong... Your submission did not go through :-(×

Contact Information

LAW OFFICE OF STEVEN C BENKE

2941 Mossrock, San Antonio, TX 78230

Phone: (210) 308-0004

BUSINESS HOURS

Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday

8:00 AM - 5:30 PM
8:00 AM - 5:30 PM
8:00 AM - 5:30 PM
8:00 AM - 5:30 PM
8:30 AM - 5:00 PM
By Appointment Only
By Appointment Only

  • Visa
  • MasterCard
  • American Express
  • Discover Card
  • Cash
  • Check
  • Debit

"We also offer Financing options WIC."

Copyrite © 2019 | Law Office of Steven C Benke