Testimony by one or both spouses is often required if there are major disagreements. Remember, many times a divorce boils down to he said she said and the only option the court has is to listen to testimony.
Testimony Is Common When Ending Marriage
So be prepared to answer all of the questions honestly & forthcoming as possible because you are under oath. Testimony in relation to grounds for ending your marriage or custody can take hours plus eat up your resources. I am an experienced San Antonio Divorce Lawyer and can help you avoid the pitfalls and make your testimony as painless as possible.
Sec. 6.701. FAILURE TO ANSWER. In a suit, the petition may not be taken as confessed if the respondent does not file an answer.
Sec. 6.703. JURY. In a suit for dissolution of a marriage, either party may demand a jury trial unless the action is a suit to annul an underage marriage under Section 6.102. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Acts 2007, 80th Leg., R.S., Ch. 52, Sec. 7, eff. September 1, 2007. Sec. 6.704. TESTIMONY OF HUSBAND OR WIFE. (a) In a suit for dissolution of a marriage, the husband and wife are competent witnesses for and against each other. A spouse may not be compelled to testify as to a matter that will incriminate the spouse.
(b) If the husband or wife testifies, the court or jury trying the case shall determine the credibility of the witness and the weight to be given the witness’s testimony. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 6.705. TESTIMONY BY MARRIAGE COUNSELOR. (a) The report by the person named by the court to counsel the parties to a suit may not be admitted as evidence in the suit.
(b) The person named by the court to counsel the parties is not competent to testify in any suit involving the parties or their children.
(c) The files, records, and other work products of the counselor are privileged and confidential for all purposes and may not be admitted as evidence in any suit involving the parties or their children.