When is it a Good Idea to Have a Deposition in a Divorce
When is it a good idea to have a deposition in my divorce proceeding? A deposition is a form of discovery that is used to gather information that is relevant to the case. This is a way to gather information about the case before the trial begins. This allows the parties to use the facts and evidence that they find in a deposition to help their case at trial. Depositions can generally be used in all lawsuits, especially in contested, but not necessarily uncontested divorces.
In a deposition an attorney from one party will ask a witness a series of questions. This allows for the parties to learn all of the relevant facts before the case is litigated so that each party has an idea as to what is going on and no one is surprised at trial. A deposition can also be a way to encourage a settlement before the case goes to trial. Each deposition is different depending on the specific facts of the case.
A deposition can be especially helpful in a divorce case where each and every fact is very important to the outcome of the case. Witnesses are also very important in divorce cases because divorces can be very personal and involve many interconnected parties. A deposition is a great way for one party to gather all of these personal facts and have them on the record in the event that the divorce is contested and the parties go to court to let a judge decide. There are many times where a deposition is needed in a Jefferson County divorce.
Depositions are commonly used when the parties are in a child custody dispute. It is usual for each spouse to be deposed, along with any other family members or friends that may have any information about each spouse and their relationship with the children in question. Depositions are also often used when there is a considerable amount of marital assets to be distributed.
Depositions are also used when one spouse thinks that the other spouse has been dishonest or that they may have something to hide. By using a deposition, the spouse may be able to find out more information about what the spouse has been doing, especially if the divorce is a product of one spouse’s dishonesty. You should consult a local divorce attorney in Trussville, or wherever you live, if you expect to go through a contested divorce.
If you think that there are certain facts that you could obtain through a deposition to help your case if it were to go to trial, you should discuss the possibility with your attorney. A deposition may make a big difference in what kind of order you get in your divorce. An experienced Birmingham divorce attorney can walk you through the steps of a complex contested divorce.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!
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