Testimony Worksheet

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This Worksheet helps you prepare the testimony that is most often required in uncontested divorce hearings.

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At your uncontested divorce hearing, you may be required to give testimony regarding your case. This can cause substantial anxiety for many - the idea of testifying in a courtroom can be nerve-wracking to say the least. However, you can reduce this anxiety by being well-prepared.

This Testimony Worksheet is a restatement of the information contained in your various court documents. It will serve as a guide and help you in preparing and even giving the testimony required at a divorce proceeding hearing. Now when the judge asks you a question, you'll have the answer at your fingertips.

This form is for use in all states.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Divorce Testimony Worksheet
(Uncontested Divorces)









This Packet Includes:
1. Information
2. Divorce Testimony Worksheet (Uncontested Divorces)







Information
Divorce Testimony Worksheet (Uncontested Divorces)

The following document is a general guide to the testimony that is most often required in uncontested divorce hearings.

You will need to tailor the testimony shown on this worksheet to fit your specific case. Also carefully check the details of residency and grounds for divorce. The residency and grounds testimony that you use on your personal testimony worksheet must match the information stated in the petition/complaint exactly.

After you have filled in the appropriate blanks in this testimony outline, you should neatly print or write all of these statements on clean sheets of paper. Do not type any portions of the testimony which are shown in italics, unless it is language directly relating to your testimony.  You will bring these testimony sheets with you when you appear for your court hearing. It may be a good idea to practice reading your testimony a few times before you appear in court.  Although the judge may ask you direct questions instead of allowing you to present your testimony, this testimony worksheet will provide you with an outline that will aid you in any hearing setting.






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



DIVORCE TESTIMONY WORKSHEET


1.   “Your Honor, my name is ____________________, and I am the Petitioner [or Plaintiff] in this case.

2.   “All of the facts stated in my verified Petition [or Complaint] are true and correct.

3.   “Immediately prior to filing the Petition [or Complaint], I had continually been a resident of and domiciled in this state for more than [required residency time limit] ____________________, and this county [or parish] for more than [required time limit] ____________________.

4.   “I am now married to ____________________, who is the Respondent [or Defendant] in this case. We were married on ____________________, 19 ___, in the State of _____________ and a copy of our marriage certificate has been filed with the court. [Here hold up the Marriage Certificate]. I am familiar with the Marriage Certificate and recognize it as the Certificate of my marriage to the Respondent [or Defendant]. We separated on ____________________, 19 ___, and have lived separate and apart without cohabitation since that time.

5.   “I seek a divorce [or dissolution of marriage] on the grounds that: [here state the grounds that apply in your state in an affirmative manner]. For example: “There are irreconcilable differences between us and there is no possible chance for reconciliation.Or: “We have lived separate and apart without interruption and without cohabitation for over 12 months.[These are only examples. Your statement must conform exactly to the particular grounds that are applicable in your state and which you have selected for inclusion in your petition/complaint. At this point, the judge may ask you to elaborate on the reasons for your divorce. Simply and briefly explain why your marriage cant continue. Describe conflicts, arguments, fights, neglect, etc. But dont emphasize fault. Respond directly to any questions that the judge asks but dont volunteer information.]

6.   “Your Honor, my spouse and I have signed a written Marital Settlement Agreement resolving all of our differences. Attached to and incorporated into this Agreement are two individual Financial Statements that my spouse and I have signed and verified. The information contained in my Financial Statement is true and correct. The original of this Agreement and the Financial Statements were attached to and incorporated into the petition [or complaint] which was filed. [Here hold up the Marital Settlement Agreement and Financial Statements]. I am familiar with the signature of my spouse on both of those documents and can state that it is genuine. I request that the Marital Settlement Agreement and attached Financial Statements be admitted into evidence and approved by this court.

7.   “My spouse, the Respondent [or Defendant], has also signed an Appearance, Consent, and Waiver which was filed in this case. [Here hold up the Appearance, Consent, and Waiver form]. I am familiar with the signature of my spouse and can state that it is genuine. By the terms of this Appearance, Consent, and Waiver, my spouse admitted all of the allegations as contained in the petition [or complaint], waived all objections to venue, waived issuance, return, and service of process, entered a general appearance, and consented to the entry of judgment in this case.

8.   “Your Honor, I have prepared and submitted a Judgment [or Decree] which prays for a divorce [dissolution of marriage] and that our Marital Settlement Agreement be approved, incorporated, and merged into the Judgment [or Decree] and that we both be ordered to comply with all terms and conditions. The Judgment [or Decree] has been approved by my spouse, whose signature is on the last page. [Here hold up the proposed Judgment or Decree]. I am familiar with the signature of my spouse and can state that it is genuine.

9.   “My spouse and I have agreed to the division of all of our property and debts under the terms of our Marital Settlement Agreement which I have submitted.

10.   Select the statement which applies: “My spouse and I have agreed that neither of us should receive any alimony or maintenance from the other and we have forever waived our claims to such support. We have both agreed to this in our Marital Settlement Agreement, which I have submitted.Or: “My spouse and I have agreed in our Marital Settlement Agreement that I [or he/she] should receive the following alimony and maintenance: [Here state the terms exactly as contained in your Marital Settlement Agreement].

11.   Select the statement which applies: “Your Honor, my spouse and I have no minor children and none are expected.Or: “Your Honor, my spouse and I are the parents of _____ child(ren). Their names, ages, birthdates, and birthplaces are as follows: [State the information].

12.   If you have children, also state: “Apart from personal possessions, no property is owned by the child(ren). My spouse and I have both signed a Declaration regarding Child Custody Jurisdiction which is true and correct and which was filed in this case. [Here hold up the Declaration regarding Child Custody Jurisdiction]. I am familiar with the signature of my spouse and can state that it is genuine. I request that this Declaration be admitted into evidence.

   “Your Honor, my spouse and I have agreed on all issues concerning the care, custody, and support of our children and our agreement is contained in our Marital Settlement Agreement, which was submitted. It would be in the best interests of our children that: [Here state the terms regarding custody and child support as contained in your Marital Settlement Agreement]”.

   The provisions that you and your spouse have made regarding your children will be the most likely area in which the judge will question you carefully. Be prepared to answer questions relating to how your custody and visitation provisions will actually be instituted and how the child support payments may be guaranteed. The judge may insist that the payments be made though the clerk of the court or other state agency. If so, ask the judge what additional forms will be necessary. The judge may also inquire into your health insurance coverage. Be prepared to answer as to how the child will be covered. The judge may also insist that automatic wage withholding or some other method to guarantee the child support payments be used. If so, ask the judge what forms will be necessary. Take careful notes and later ask the court clerk for any of the necessary forms.

13.   If desired, state: “Your Honor, I request that the Petitioners [or Plaintiffs (or Respondents or Defendants) name be restored as set forth in the Marital Settlement Agreement and Judgment [or Decree].

14.   “I respectfully request that our marriage be dissolved and that the relief prayed for in the Judgment [or Decree] be granted. If no witness will be required, state: “That concludes my testimony, your Honor.

15.   If a witness is required in your situation, state: “Your Honor, I would now like to call __________ [name of witness] to testify.Have your witness come forward and be sworn in. Then ask the following questions:

   a.   “What is your name, please?

   b.   “Where do you live and how long have you lived there?

c.   “Are you personally familiar with the Petitioner [or Plaintiff] in this case?

d.   “How long have you known [him or her] __________?

e.   “Where does the Petitioner [or Plaintiff] live?

f.   “To your own knowledge, how long has Petitioner [or Plaintiff] lived in this State and in this County [or Parish]?

g.   “Are you personally familiar with the Respondent [or Defendant] in this case?

h.       “How long have you known [him or her] __________?

i.   “Are you familiar with where the Respondent [or Defendant] currently lives?

j.        “Where does the Respondent [or Defendant] currently live?

k.   “To your own knowledge, how long has Respondent [or Defendant] lived in this State and in this County [or Parish]?

l.   “Are you familiar with the marital status of the Petitioner [or Plaintiff] and the Respondent [or Defendant]?

m.   “To your own knowledge, what is their marital status?

n.   [If the grounds for your divorce are based on separation for a specific period of time, ask the following 2 questions]: “To your knowledge, do the Petitioner [or Plaintiff] and the Respondent [or Defendant] currently live together?

o.   “On your own knowledge, how long have they not lived together?

p.   [In all cases, state:] “Thank you very much, you are excused.

16.   In those few jurisdictions in which the testimony of both spouses is necessary, your spouse should prepare a testimony sheet substantially the same as yours. It should, of course, be altered to be read from the point of view of your spouse. After you have concluded your testimony, your spouse should stand, ask the court when to begin, and then begin his or her own testimony. At the end of his or her testimony, he or she should state: “Your Honor, that concludes my testimony.Then be seated and wait for the judges decision.

Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#22795
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Divorce Testimony Worksheet
(Uncontested Divorces)









This Packet Includes:
1. Information
2. Divorce Testimony Worksheet (Uncontested Divorces)







Information
Divorce Testimony Worksheet (Uncontested Divorces)

The following document is a general guide to the testimony that is most often required in uncontested divorce hearings.

You will need to tailor the testimony shown on this worksheet to fit your specific case. Also carefully check the details of residency and grounds for divorce. The residency and grounds testimony that you use on your personal testimony worksheet must match the information stated in the petition/complaint exactly.

After you have filled in the appropriate blanks in this testimony outline, you should neatly print or write all of these statements on clean sheets of paper. Do not type any portions of the testimony which are shown in italics, unless it is language directly relating to your testimony.  You will bring these testimony sheets with you when you appear for your court hearing. It may be a good idea to practice reading your testimony a few times before you appear in court.  Although the judge may ask you direct questions instead of allowing you to present your testimony, this testimony worksheet will provide you with an outline that will aid you in any hearing setting.






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



DIVORCE TESTIMONY WORKSHEET


1.   “Your Honor, my name is ____________________, and I am the Petitioner [or Plaintiff] in this case.

2.   “All of the facts stated in my verified Petition [or Complaint] are true and correct.

3.   “Immediately prior to filing the Petition [or Complaint], I had continually been a resident of and domiciled in this state for more than [required residency time limit] ____________________, and this county [or parish] for more than [required time limit] ____________________.

4.   “I am now married to ____________________, who is the Respondent [or Defendant] in this case. We were married on ____________________, 19 ___, in the State of _____________ and a copy of our marriage certificate has been filed with the court. [Here hold up the Marriage Certificate]. I am familiar with the Marriage Certificate and recognize it as the Certificate of my marriage to the Respondent [or Defendant]. We separated on ____________________, 19 ___, and have lived separate and apart without cohabitation since that time.

5.   “I seek a divorce [or dissolution of marriage] on the grounds that: [here state the grounds that apply in your state in an affirmative manner]. For example: “There are irreconcilable differences between us and there is no possible chance for reconciliation.Or: “We have lived separate and apart without interruption and without cohabitation for over 12 months.[These are only examples. Your statement must conform exactly to the particular grounds that are applicable in your state and which you have selected for inclusion in your petition/complaint. At this point, the judge may ask you to elaborate on the reasons for your divorce. Simply and briefly explain why your marriage cant continue. Describe conflicts, arguments, fights, neglect, etc. But dont emphasize fault. Respond directly to any questions that the judge asks but dont volunteer information.]

6.   “Your Honor, my spouse and I have signed a written Marital Settlement Agreement resolving all of our differences. Attached to and incorporated into this Agreement are two individual Financial Statements that my spouse and I have signed and verified. The information contained in my Financial Statement is true and correct. The original of this Agreement and the Financial Statements were attached to and incorporated into the petition [or complaint] which was filed. [Here hold up the Marital Settlement Agreement and Financial Statements]. I am familiar with the signature of my spouse on both of those documents and can state that it is genuine. I request that the Marital Settlement Agreement and attached Financial Statements be admitted into evidence and approved by this court.

7.   “My spouse, the Respondent [or Defendant], has also signed an Appearance, Consent, and Waiver which was filed in this case. [Here hold up the Appearance, Consent, and Waiver form]. I am familiar with the signature of my spouse and can state that it is genuine. By the terms of this Appearance, Consent, and Waiver, my spouse admitted all of the allegations as contained in the petition [or complaint], waived all objections to venue, waived issuance, return, and service of process, entered a general appearance, and consented to the entry of judgment in this case.

8.   “Your Honor, I have prepared and submitted a Judgment [or Decree] which prays for a divorce [dissolution of marriage] and that our Marital Settlement Agreement be approved, incorporated, and merged into the Judgment [or Decree] and that we both be ordered to comply with all terms and conditions. The Judgment [or Decree] has been approved by my spouse, whose signature is on the last page. [Here hold up the proposed Judgment or Decree]. I am familiar with the signature of my spouse and can state that it is genuine.

9.   “My spouse and I have agreed to the division of all of our property and debts under the terms of our Marital Settlement Agreement which I have submitted.

10.   Select the statement which applies: “My spouse and I have agreed that neither of us should receive any alimony or maintenance from the other and we have forever waived our claims to such support. We have both agreed to this in our Marital Settlement Agreement, which I have submitted.Or: “My spouse and I have agreed in our Marital Settlement Agreement that I [or he/she] should receive the following alimony and maintenance: [Here state the terms exactly as contained in your Marital Settlement Agreement].

11.   Select the statement which applies: “Your Honor, my spouse and I have no minor children and none are expected.Or: “Your Honor, my spouse and I are the parents of _____ child(ren). Their names, ages, birthdates, and birthplaces are as follows: [State the information].

12.   If you have children, also state: “Apart from personal possessions, no property is owned by the child(ren). My spouse and I have both signed a Declaration regarding Child Custody Jurisdiction which is true and correct and which was filed in this case. [Here hold up the Declaration regarding Child Custody Jurisdiction]. I am familiar with the signature of my spouse and can state that it is genuine. I request that this Declaration be admitted into evidence.

   “Your Honor, my spouse and I have agreed on all issues concerning the care, custody, and support of our children and our agreement is contained in our Marital Settlement Agreement, which was submitted. It would be in the best interests of our children that: [Here state the terms regarding custody and child support as contained in your Marital Settlement Agreement]”.

   The provisions that you and your spouse have made regarding your children will be the most likely area in which the judge will question you carefully. Be prepared to answer questions relating to how your custody and visitation provisions will actually be instituted and how the child support payments may be guaranteed. The judge may insist that the payments be made though the clerk of the court or other state agency. If so, ask the judge what additional forms will be necessary. The judge may also inquire into your health insurance coverage. Be prepared to answer as to how the child will be covered. The judge may also insist that automatic wage withholding or some other method to guarantee the child support payments be used. If so, ask the judge what forms will be necessary. Take careful notes and later ask the court clerk for any of the necessary forms.

13.   If desired, state: “Your Honor, I request that the Petitioners [or Plaintiffs (or Respondents or Defendants) name be restored as set forth in the Marital Settlement Agreement and Judgment [or Decree].

14.   “I respectfully request that our marriage be dissolved and that the relief prayed for in the Judgment [or Decree] be granted. If no witness will be required, state: “That concludes my testimony, your Honor.

15.   If a witness is required in your situation, state: “Your Honor, I would now like to call __________ [name of witness] to testify.Have your witness come forward and be sworn in. Then ask the following questions:

   a.   “What is your name, please?

   b.   “Where do you live and how long have you lived there?

c.   “Are you personally familiar with the Petitioner [or Plaintiff] in this case?

d.   “How long have you known [him or her] __________?

e.   “Where does the Petitioner [or Plaintiff] live?

f.   “To your own knowledge, how long has Petitioner [or Plaintiff] lived in this State and in this County [or Parish]?

g.   “Are you personally familiar with the Respondent [or Defendant] in this case?

h.       “How long have you known [him or her] __________?

i.   “Are you familiar with where the Respondent [or Defendant] currently lives?

j.        “Where does the Respondent [or Defendant] currently live?

k.   “To your own knowledge, how long has Respondent [or Defendant] lived in this State and in this County [or Parish]?

l.   “Are you familiar with the marital status of the Petitioner [or Plaintiff] and the Respondent [or Defendant]?

m.   “To your own knowledge, what is their marital status?

n.   [If the grounds for your divorce are based on separation for a specific period of time, ask the following 2 questions]: “To your knowledge, do the Petitioner [or Plaintiff] and the Respondent [or Defendant] currently live together?

o.   “On your own knowledge, how long have they not lived together?

p.   [In all cases, state:] “Thank you very much, you are excused.

16.   In those few jurisdictions in which the testimony of both spouses is necessary, your spouse should prepare a testimony sheet substantially the same as yours. It should, of course, be altered to be read from the point of view of your spouse. After you have concluded your testimony, your spouse should stand, ask the court when to begin, and then begin his or her own testimony. At the end of his or her testimony, he or she should state: “Your Honor, that concludes my testimony.Then be seated and wait for the judges decision.

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