Do I Have to Talk when I Go to Court?

TV gives us a strange idea about how things go in court.

Almost every time people go to court on a TV show, they’re at trial, so they’re someone on the witness stand answering questions.

Problem is only about 1%–2% of divorce cases ever go to trial, so there aren’t a lot of people actually sitting on the witness stand answering questions.

In fact, the majority of Utah divorce cases never see the inside of a courtroom. Most are done either by default (the other person doesn’t respond to the Divorce Complaint) or by mediation.

When people do go to court, it’s usually for something like temporary orders.

If you represent yourself at a hearing, then you will need to talk to the commissioner or judge.

You’ll need to tell the court what you’re asking for and the evidence you’re basing request on. The court will ask you questions and you’ll need to answer them. If your ex is also representing himself/herself, you’ll need to respond to the arguments he/she makes during the hearing.

What you will not need to do is testify in the sense that you will be asked questions by an attorney.

In Utah, we call that “live testimony,” and it’s almost always reserved for trial.

During hearings, we take testimony by proffer, which means you speak your argument without the need of answering questions.

So, if you represent yourself, you will need to speak in court.

If you have an attorney, however, then you likely won’t speak at all.

Instead, your attorney will provide your testimony by proffer. That is, your attorney will make your arguments for you and say what you would have said — except in legalese.

If the judge has a question, you attorney will answer it.

Your attorney will also handle all objections and deal with everything the other side says during the hearing.

Honestly, this is why you hire an attorney. You want someone who’s been in court thousands of times working and talking on your behalf.

And then there’s trial.

If you make it to trial, you will have to testify. Your attorney will ask you questions (direct examination), and you will answer them.

Then your soon-to-be-ex’s attorney will ask you questions (cross examination), and you will need to answer.

Other than your testimony, though, your attorney will do the talking for you, unless asks you a question directly, which happens but not too often.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 910 reviews
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.
Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.
Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
Response from the owner:Lesia, glad Leilani and Dani took such good care of you.
Anne-Greyson helped me with my post divorce issues after Clay handled my divorce. She was amazing in getting my issues resolved and I was even more thankful to have worked with Brown Family Law again. I will never stop praising this team for all of their hard work!!
Response from the owner:Belynda, thank you for your kind words.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts