Blog
Attorney Milena Nowicka
Who Can Be a Witness in Your Divorce Case?
Can Your Family Refuse to Testify in Your Divorce Case?
What Questions Are Witnesses Asked in Divorce Proceedings?
Can the Person with Whom a Spouse Committed Adultery Be a Witness in a Divorce Case?
Can a Witness Testify Online?
Which Witnesses Should Be Called in a Divorce Case?
What Should a Witness Know Before a Divorce Hearing?
Why Is It Worth Seeking Legal Assistance?
In divorce proceedings, a witness plays an exceptionally important role—their task is to confirm facts that are relevant to resolving the dispute. A witness can help the court understand what the marital situation and family relationships truly looked like. Many people instinctively believe that the more witnesses a party calls, the greater their chances of obtaining a favorable judgment. This is, however, a myth. What matters far more than the number of witnesses is their credibility and the specific information they are able to provide. If you have any doubts regarding the role of witnesses in divorce proceedings, this article is for you.
As a rule, any person who is at least 18 years old and has knowledge of significant facts concerning your marriage may act as a witness in divorce proceedings. It does not matter whether that person is a family member, a neighbor, or an acquaintance.
However, the Code of Civil Procedure provides for several important exceptions. The following persons may not act as witnesses:
It should be remembered that if a witness is summoned, they are obliged to appear at the hearing. An unjustified failure to appear in court may result in a fine or compulsory attendance enforced by the police.
The law allows members of the immediate family—such as parents, grandparents, or children—to refuse to give testimony.
Moreover, even if a close relative agrees to testify, they are not required to answer every question. They may refuse to respond if the answer could expose them or their family members to criminal liability, disgrace, serious financial loss (so-called severe and direct pecuniary damage), or if it concerns professional secrecy.
This provides witnesses with a certain level of protection and ensures that they are not forced to disclose information that could harm themselves or their loved ones.
Questions put to witnesses serve specific purposes—they are intended to provide the court with information concerning, among other things, the course of the marriage, the spouses’ relationship with their children, the family situation, and the credibility of the parties’ assertions.
This means that the questions largely relate to how the marital relationship functioned, what led to the separation, and how the spouses cared for their children. A witness may therefore be asked detailed questions about specific situations and events they personally observed. The exact scope of questioning depends on the circumstances of the particular divorce case. The court seeks facts, not opinions or conjecture. A witness is also obliged to testify truthfully.
A person with whom a spouse committed adultery, or with whom they intend to form a relationship after the divorce, may be called as a witness. Such testimony can be highly relevant to the court, especially where the breakdown of the marriage resulted from physical or emotional infidelity.
However, the court will approach such testimony with caution, as the witness may have a personal interest in the outcome of the case. Furthermore, such a person is not entitled to refuse to testify and may not fail to appear in court without a justified reason.
This article repeatedly refers to appearing in the courtroom. It should be noted, however, that in civil proceedings a witness may also be examined remotely via videoconference, if the court determines that the evidence in the divorce case may be taken in this form and no objections are raised.
Such a request may be submitted as early as in the statement of claim for divorce, indicating the specific witness to be examined remotely.
This solution is particularly useful when the witness lives far away, has health issues, or for other significant reasons is unable to appear in court in person.
The choice of witnesses depends on the strategy you adopt in your divorce proceedings. It should be clearly emphasized that “strategy” does not mean deviating from the truth or coaching witnesses to give specific testimony. It refers solely to determining which factual circumstances are relevant to the case and which witnesses are able to confirm them.
If you opt for a no-fault divorce, witnesses are usually not called. If you intend to prove adultery, domestic violence, or neglect of family obligations by your spouse, you should primarily call witnesses who directly observed such conduct and can therefore provide the court with relevant information.
In disputes concerning child custody, it is best to indicate individuals who know the parent–child relationship well, such as teachers, coaches, or psychologists. Their professional perspective may be of significant importance to the court.
Calling a witness is not sufficient in itself—their preparation also matters. Naturally, “preparing a witness” does not mean suggesting what they should say, how they should say it, or encouraging them to testify falsely.
It is, however, advisable to explain:
For many people, appearing in court is a stressful experience. Such explanations can help the witness feel more at ease, enabling them to provide more valuable testimony when under less stress.
Divorce proceedings involve not only emotions but, above all, complex legal procedures. Witnesses play a key role—their testimony helps the court understand the marital situation and the reasons for the breakdown of the relationship.
What matters is not the number of witnesses, but their credibility and the specific information they can provide. An experienced family law attorney can help you determine which witnesses should be called and submit the appropriate motions in procedural filings.
Do not wait until the last moment—the earlier you obtain professional legal support, the greater your chances of a favorable course of the divorce proceedings.
