We're frequently asked by clients if they're actually going to have to testify during their divorce. And generally the answer is yes, at least in some respect. Even in an uncontested divorce, a person has to go to court and provide testimony to support the trial court granting their requested relief, which is that they be divorced. In cases in which divorce in which the case is more contentious, you could end up in a deposition or testifying at a hearing, say, a temporary orders hearing, or testifying at a final divorce proceeding in front of a judge or in Texas in front of a jury, because Texas does allow juries to decide certain aspects of the case. And when that happens, you need to be truthful.
Always be truthful. You need to think carefully and listen to the questions that are asked and not argue with the other attorney, because it generally doesn't help if you're arguing with the other attorney. At Holmes Diggs & Sadler, we make an effort to really prepare our clients for testifying when they have to so that they fully understand the process and what they're going to be testifying about. And then when they go testify they're less nervous.