Witnesses can play an important role in your family law case. Whether in a divorce where an accountant needs to trace your separate property, or in a custody dispute where friends or family members will testify on your parenting capabilities and style; witnesses aid the Court in making its judgment.
Q: What are the different types of witnesses?
There are two types of witnesses, lay witnesses and expert witnesses.
Q: What is a lay witness?
A lay witness, also referred to as an eyewitness, are individuals who have personal knowledge about you or your family. These are typically family members, friends, or neighbors. Lay witnesses can be especially vital in determining the best interest of the children in a custody dispute.
Q: What is an expert witness?
An expert witness is someone with knowledge, skill, experience, training, or education in a particular field. In custody disputes, these witnesses are typically your child’s pediatrician, therapist, or teacher. In a divorce, common experts are accountants, business valuation experts, or real property appraisers.
In a custody dispute, expert witnesses provide the Court with professional opinions about the best interest of your children. These opinions help guide the Court in making its decision on specific aspects of your children’s lives. For example, in a dispute on whether a parent should have the exclusive right to determine invasive medical or dental procedures, and expert can aid the Court in explaining the child’s medical needs and which parent can best facilitate those needs.
In a divorce, expert witnesses help the Court determine the value or character of your property. In Texas, the Court will divide the community estate in a manner that is just and right. The community estate consists of property acquired during the marriage. A spouse’s separate property is that property that is (1) owned prior to marriage, (2) inherited, or (3) received as a gift. A Court will not divide a spouse’s separate property—it will only confirm that property as the spouse’s separate property; however, if separate property has been comingled with community property, you may need an expert, such as a forensic accountant, to trace your separate property. Additionally, the Court will divide the community estate, but an expert witness may be needed to provide the Court with the value of the asset. This could be the value of your business or any real property.
Q: When should I be thinking about witnesses for my case?
If you are considering hiring an attorney for a family law case, you should start preparing your list of lay witnesses as soon as possible. Simply having a list for your initial consultation will help your attorney better understand your case and which evidence, such as witness testimony, is available to help your case.
In your initial consultation, your attorney will help you determine if an expert is needed for your case.
Our team is dedicated to help you in your time of need. If you would like more information or to speak with an attorney, give us a call at (832) 781-0320.