Can I Call Outside Witnesses in Our Michigan Divorce?

 Posted on August 22, 2022 in Divorce

While some Michigan divorces can be resolved using alternative dispute resolution methods, the nature of others means that spouses are in for a high-conflict journey of collecting, presenting, and disputing evidence that supports each side’s claims. Especially in cases involving financial or custody disputes, gathering evidence can be a significant chunk of the divorce process. 

Sometimes, a case will require evidence beyond what spouses can present themselves. When it comes to expert testimony about real estate or hidden assets, witness testimony from neighbors or family members who have witnessed domestic abuse, or any other matter under dispute during a divorce, outside witnesses may be invaluable. 

Divorce Discovery Begins Long Before Trial

The process of gathering evidence starts long before a couple appears in a trial before a judge. Sometimes, the evidence is so compelling in favor of one party that the judge will successfully convince the other party to settle before litigating the matter in court. Whether a divorce goes to trial or not, discovery is an essential part of the overall process. 

When it comes to witnesses in a Michigan divorce, the first place where witness testimony usually appears is in a deposition. Depositions are serious matters, as they are conducted under oath in the presence of a court reporter. They allow both sides to get an idea of what each witness is likely to say if the matter proceeds to trial. Spouses may call each other into depositions (such as when one spouse is suspected of lying about finances), but other professionals such as psychologists, doctors, accounts, and business valuation specialists may be required to give a deposition as well. 

It is important to remember that the two most important witnesses in a divorce trial are you and your spouse. While expert witnesses may be able to testify regarding specific matters like finances, health, or a child’s psychological well-being, the divorce outcome will ultimately rest on the evidence and testimony that the spouses provide. You know your marriage better than any experts and the majority of the evidence in a divorce case will come from you, including documents, records, and testimony. While this may feel like a heavy burden to bear, your divorce attorney will help you prepare throughout your divorce so you are not surprised by the kind of evidence you need to provide. 

Get Help From a Farmington Hills, MI Divorce Attorney

Whether you want to resolve your divorce peacefully using mediation or pursue aggressive divorce litigation, the Oakland County divorce attorneys with Elkouri Heath, PLC can help. With decades of experience in a wide-ranging variety of divorces, we are confident that we can provide you with the service and representation you need to achieve a favorable divorce decree. Call us today at 248-344-9700 to schedule your free consultation.  

Source: 

https://www.courts.michigan.gov/4a3daa/siteassets/rules-instructions-administrative-orders/rules-of-evidence/michigan-rules-of-evidence.pdf