• Skip to primary navigation
  • Skip to main content

Krueger Hernandez & Thompson SCEstate

Attorneys at Law

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Attorney and Staff Profiles
    • Communities We Serve
      • Adams County
      • Columbia County
      • Dane County
      • Madison/Middleton Area
      • Sauk County
  • Estate Planning
    • Asset Protection & Business Planning
    • ESTATE AND GIFT TAX FIGURES
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Practice Areas
    • Business Needs
    • Divorce / Family Matters
    • Injuries and Adverse Reactions To Vaccines
    • Real Estate
  • Resources
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • LGBTQ Resources
    • Pre Consultation Form
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • When a Loved One Passes Away With a Trust
      • When a Loved One Passes Away With a Will
  • Testimonials
    • Review us
    • Our Testimonials
  • Webinars
    • Legacy Wealth Planning
    • Medicaid Planning
  • Blog
  • Contact Us
  • Call Us Today (800) 431-9776
  • Attend Free Webinar
    • Medicaid Planning
    • Estate Planning
  • Show Search
Hide Search
Home / Family Law / Wisconsin Divorce Law: Being a Witness

Wisconsin Divorce Law: Being a Witness

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · Oct 31, 2011 ·

 In my experience as a family lawyer in Madison and the surrounding counties, I notice that perhaps my clients’ greatest worry is testifying in court.  This does not surprise me.  The depiction of courtroom dramas like “A Few Good Men” or “Law and Order” routinely show lawyers screaming at witnesses, forcing them to break down under stress, often in tears.   While this makes for great TV, I have never seen this type of behavior in court.   In my experience, almost all lawyers are respectful of witnesses, and judges are careful to protect them from overbearing attorneys.  Rarely does an attorney or witness raise her voice, much less scream wildly.  In general, lawyers and judges speak fairly quietly and refrain from personal attacks.   Maybe not great TV, but a far better experience. 

 This does not mean that testifying is a pleasant experience.  It is not.  Having your intentions and credibility questioned in front of virtual strangers is not pleasant. This is certainly true in family cases, where the testimony may involve some serious, hurtful, and perhaps embarrassing personal matters.  You may forget something important, or misspeak.   But your lawyer will usually have a chance to “fix” any mistakes by asking you to clarify your answers during his redirect exam.   Testimony need not be, and never is, perfect.   There are two sides to every story, and your spouse will also testify and give her point of view.   That view will often contradict yours.  Your job as a witness is simply to get your point across as clearly and truthfully as possible.  No one expects poetry.   However, your testimony is an important part of your case, so it should be made as effective as possible through preparation.

 A good attorney will sit down with you before a hearing and discuss your testimony. That includes not only the questions your attorney will ask you, but also anticipate the questions that your spouse’s attorney will ask you on cross examination.   By anticipating the cross examination, you should not be surprised by any questions, and you will  be able to answer confidently.  This does not mean that your lawyer will give you the answers in advance.  The testimony will be yours.  It also does not completely prevent mistakes or omissions.  But preparation will limit them and make you a more confident witness.  In turn, your confidence will help your credibility.

Particularly in family law, a witness’ credibility plays a key role.   Because the matters are personal to the family, the spouses are often the only witnesses.  Who spent money and why, who cared for children, etc. are discussions that occurred only between spouses.   The judge was not sitting in the room with them when they decided when and why a certain decision would be made.  So many times, the judge is forced to rely on the witnesses’ credibility to make a decision.  Preparation and clarity in testimony can be very important in helping the judge understand your position, and hopefully adopt it.  Clear testimony does not guarantee a winning result, but it certainly does not hurt. 

Obviously, I am usually the person doing the questioning.  But I have also been a witness, and had a chance to experience the court from the witness box, not counsel table.  It is somewhat uncomfortable.  I felt like I needed to be extra careful not to misspeak.  I felt like everything I said was under a microscope (which it was).  But, I had prepared for the questions and was able to answer clearly and truthfully.  I keep that in mind when working with my clients.  I do all I can to lessen their anxiety through preparation and understanding.  After almost every hearing, I find that I am able to congratulate even the most nervous client on a job well done.

  • Author
  • Recent Posts
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Latest posts by Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC (see all)
  • The Questions of Estate Planning, Part 6: Why - January 6, 2020
  • The Questions of Estate Planning, Part 5: How - January 2, 2020
  • The Questions of Estate Planning, Part 4: Where - December 30, 2019

Family Law a few good men, anxiety, Attorney, Children, clients, confidently, court, courtroom, credibility, cross examination, Divorce, family, family cases, family lawyer, hearing, judges, lass, law and order, Madison, money, overbearing attorneys, personal attacks, preparation, redirect exam, spouse, stre, tears, testifying, testimoney, truthfully, tstifying in court, tv, understanding, Wisconsin, witness, witnesses

Blog subscription

MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

BARABOO

120 Third Street, Unit A
Baraboo, WI 53913
United States (US)
Phone: (608) 356-3961
Fax: 608-824-9140

By Appointment Only
All Mail Should be Directed to the Middleton Address

Opening hours

Monday7:00 AM - 5:30 PM
Tuesday7:00 AM - 5:30 PM
Wednesday7:00 AM - 5:30 PM
Thursday7:00 AM - 5:30 PM

Map

map for Krueger Hernandez & Thompson SC Estate ofice

Se Habla Español
Nous Parlons Français

  • Facebook
  • LinkedIn
  • Twitter

© 2021 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us