Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 27
  1. #1
    Join Date
    Oct 2013
    Posts
    7

    Default Can You Submit Written Statements Instead of Having Witnesses Testify in a Divorce

    I was married in the state of New York and my wife has been harassing me in the past few years. I think it's beyond her control: it's a personality disorder and it has become intolerable. Thank god we don't have children!

    At this stage I am focused on gathering data should the matter come before a divorce/family court.

    Some people have witnessed either her acrimonious behavior towards towards me and disorderly conduct while I wasn't around.

    In some countries, courts can dispense with hearing a witnesses if they give a written testimony that follows a set format (essentially sticks to facts, not opinions, and acknowledge consequences of perjury).

    Is there such a procedure in the US? If so, please show me the relevant link and help with the following concern.

    Witnesses are generally reluctant of getting involved: fear of reprisal, fear that a testimony be misused etc. Is there a way to mitigate this fear? More specifically, would it help to frame the request in legal terms that promises to keep the testimony confidential until presented before a court? Can a lawyer (mine) vouch for that?

    Finally, is a good idea to inform my wife's family (she has a long distance relationship with them) of her personality disorder? Will that work for or against me?

    Any general advice in my situation?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    I am assuming your wife and you are both still in NY? If so, you should start here: http://www.nycourts.gov/divorce/info_faqs.shtml

    It's possible if there are no contested issues to just get the divorce packet and fill it out and never have to see a courtroom. If there is any possibility of contested points, you'd be well advised to get a lawyer involved. I would not be talking to anyone or making statements of alleged personality disorders without one. No you will not get to just "state the facts" and avoid testimony.

  3. #3
    Join Date
    Oct 2013
    Posts
    7

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    Thanks, but you don't quite answer my question, which was more specific. Yes, it goes without saying I should hire a lawyer at some point.

    Again, my question is: do courts accepts written testimony from witnesses and is there a set format? Once I have that answered, I'll restate the other questions.

    The witnesses I have at hand now, may become out of sight in 6 months or they may think it's all history (to them). And it's not as if I am talking about divorce as a sure thing: it's a contingency. I hope this makes it clear why I care about written testimonies, and there are other reasons.

    As for

    I would not be talking to anyone or making statements of alleged personality disorders without one.
    You haven't explained ‘why not’. I can't go by a non substantiated answer.

    - - - Updated - - -

    BTW, I don't recall this

    Can You Get Divorced Without Giving Testimony in Court
    as the title I actually wrote, which explains the way you answered. I think it was

    Divorce / Do courts accept written testimonies.
    A moderator must have overruled my original title. That's putting words in my mouth, why?

  4. #4
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    Quote Quoting Helaury
    View Post
    Again, my question is: do courts accepts written testimony from witnesses and is there a set format?
    Generally not. Some things can be admitted in written form and they are called affidavits. The problem is that a piece of paper cannot be cross-examined. The reason why it usually cannot get in is called hearsay.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    I did answer the question, I'll rephrase it so you will understand: HELL NO. There's no such thing as "form testimony" as you are suggesting. Even if they were to allow such to be done by disposition (which is a bit more formal than the "write a letter" approach you are envisioning), the opposing side would also get the opportunity to question the witness in their own (or the same) deposition. It's not in a courtroom, but it will be done with an agent of the court, a court reporter, possibly both parties and their lawyers.

    The moderators didn't touch your post, you just forgot what you wrote.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    I can only address what you wrote. My initial post told you that there was no such testimony you are envisioning, the only way to avoid the court process directly was in the case of uncontested divorce and gave you reasonable links that will help you with many questions you might have. Superior court just doesn't take "letters" form interested people. It is done via proper hearings and depositions.

    As for why you shouldn't go around telling people your wife has personality disorders? Because YOU are most likely NOT a psychologist and just because you don't like the way your wife behave doesn't necessarily elevated it to a personality disorder which has a very specific meaning in both medicine and the law. Spreading detrimental information around has TWO major issues. First, it can open you up to specific slander claims. Second, it can be used against you in what appears to be headed for a contested divorce procedure. What you envision is helping your wife with her family can also be viewed by others as a spiteful attempt to spread disinformation about her to bolster your case. DON'T DO IT.

  7. #7
    Join Date
    Oct 2013
    Posts
    7

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    You are downgrading my perception of a personality disorder to ' just because you don't like the way your wife behave ', which, again, is unwarranted.

    Let's say it wasn't a personality disorder but a drug addiction. Now, that too requires medical certification to be accepted in court.

    What if I follow your advice, that is I don't tell the family, and she dies of an overdose on my watch. I think they are entitled to blame me whereas had the family been aware of it 1/ more support is better than less 2/ had she died anyway, I would have hedged myself.

    How is a personality disorder different? (rhetorical question). I'm leaving it at that as I have the answer I needed (affidavit).

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    Quote Quoting Helaury
    View Post
    You are downgrading my perception of a personality disorder to ' just because you don't like the way your wife behave ', which, again, is unwarranted.

    Let's say it wasn't a personality disorder but a drug addiction. Now, that too requires medical certification to be accepted in court.

    What if I follow your advice, that is I don't tell the family, and she dies of an overdose on my watch. I think they are entitled to blame me whereas had the family been aware of it 1/ more support is better than less 2/ had she died anyway, I would have hedged myself.

    How is a personality disorder different? (rhetorical question). I'm leaving it at that as I have the answer I needed (affidavit).


    What on earth are you talking about? So she has a personality disorder or is an addict - you need proof either way. And it really depends on WHY you want to bring these things up in court.

    Your perception means absolutely nothing unless she has actually been diagnosed - and even then, how exactly do you think it will change the divorce process?

  9. #9
    Join Date
    Oct 2013
    Posts
    7

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    I'm talking about things you obviously don't understand. We are on two different levels of reasoning with no bridge linking them. So, thanks for your effort and so long.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can You Get Divorced Without Giving Testimony in Court

    Quote Quoting Helaury
    View Post
    I'm talking about things you obviously don't understand. We are on two different levels of reasoning with no bridge linking them. So, thanks for your effort and so long.


    LOL.

    I'm starting to see why your wife has perhaps some antagonism towards you.

    Please feel free to pay an attorney to tell you what you want to hear.

    You're welcome!

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Trials and Verdicts: Can You Have Witnesses Give Written Statements Instead of Testifying in Court
    By untouchedworld in forum Civil Procedure
    Replies: 3
    Last Post: 12-06-2012, 03:43 AM
  2. Trials and Verdicts: How to Get Witnesses to Testify
    By epic in forum Civil Procedure
    Replies: 2
    Last Post: 06-05-2011, 01:50 PM
  3. Getting Witness Fees Paid or Having Witnesses Testify by Telephone
    By tradingpennys in forum Orders of Protection
    Replies: 1
    Last Post: 01-19-2011, 11:04 AM
  4. How to Submit Written Evidence To a Mediator
    By uutt in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 08-11-2010, 01:55 PM
  5. Legal Procedure To Have Witnesses Testify
    By ally in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 05-10-2008, 08:53 AM
 
 
Sponsored Links

Legal Help, Information and Resources