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How Are Witnesses Used in Divorce Hearings?

A witness may provide spoken testimony during any type of Georgia divorce hearing. These witnesses can be expert witnesses, such as therapists, psychiatrists, custody evaluators, or guardians ad litem. Witnesses also can other non-expert individuals, such as a relative of the parties, a caregiver for the parties’ child, or a teacher. However, witnesses can only testify as to their personal knowledge of matters that are relevant to the issues before the court. For instance, a child’s counselor or therapist might testify as to what custody arrangement would be best for the parties’ child. Likewise, a caregiver for the parties’ child might testify as to the typical behavior of each parent with respect to the parties’ child, or as to which parent typically performs caregiving duties for the child.

There are some limitations on the usage of witnesses during divorce hearings. Georgia Uniform Superior Court Rule 24.5 provides that the parties involved may only have one additional witness present to testify at a temporary divorce hearing. Additionally, unless the court rules otherwise, minor children may not testify at a temporary hearing. However, other witnesses may testify as to matters relevant to the divorce proceedings, even during a temporary hearing, but only by affidavit, which is a written and sworn statement, or by deposition, which is a transcribed version of an individual’s sworn statements given before a court reporter, the parties, and any attorneys for the parties.

A Georgia divorce lawyer can make all the difference in giving you the knowledge necessary to make informed decisions about your divorce case and any related child custody, visitation, or child support issues.

Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.

Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.