While more divorces settle outside of court and are able to avoid litigation, the fact is that some must still go through the court system. Part of this process involves a deposition, which both parties are entitled to engage in.
What Is a Deposition in a Divorce Case?
A deposition occurs when a party is under oath, as one would be during any other testimony given in a court room. He or she will be asked a range of questions related to the divorce case. The answer will be documented by a court reporter and the session might even be videotaped.
Depositions are crucial to divorce cases because the answers provided can be used against either party later on during the case. If the same question is posed again and that party answers it differently, the deposition could be used to discredit him or her.
Using Information from a Deposition
Depositions are used to gather background, evidence, and to lock in the stories of both spouses and any available witnesses. Obtaining these facts and admissions can help prepare a divorce attorney for trial.
When this critical tool is properly handled, a divorce deposition can be incredibly effective in assisting an attorney in negotiating a divorce agreement, including issues related to child custody or property division. However, even if an agreement cannot be reached, depositions are still incredibly powerful, allowing an attorney to obtain discovery into financial matters regarding the other spouse, for example, which can potentially change the outcome of a case.
Tips Regarding Depositions
Of course, your attorney will handle the heavy lifting when it comes to preparing deposition questions and conducting it in an effective manner, but this does not mean there is nothing you can do. Here are some simple tips you can follow to assist:
- Meet with your attorney before the deposition to help him or her prepare. This is something that your attorney will likely take the initiative to set up and it might not even be necessary for this to be an in-person meeting. Simply go over the deposition together and, if necessary, provide any additional information.
- Be present at the deposition unless it will not be helpful or result in unnecessary distractions.
- While present, make sure you focus on the process rather than on your spouse. Remember, this is not about revenge, but rather about gather information and collecting the facts that are needed to move the case forward.
Hamden Family Law Attorneys
Family law matters are rarely easy and divorce can be particularly emotional and overwhelming. At Goldblatt, Marquette & Rashba, PC, our team skillfully handles all types of family law matters and applies more than 60 years of shared professional experience to every case. There is no need for you to endure this difficult time alone, so do not hesitate to reach out to us.
Contact our firm at (203) 687-4050 to speak with a Hamden divorce attorney today.