Your Complete Guide to Depositions in Divorce Cases
If you’re in the middle of a divorce, your lawyer may advise you to take a deposition. Here’s what that is and what it could mean for your case.
When Are Depositions in Divorce Cases Used?
A deposition is a formal interview of an individual conducted by a lawyer. The deposition can be used in divorce cases to determine the truthfulness of the individual’s testimony.
In divorce cases, depositions are usually used when one of the parties is not cooperating with the other party, and it is difficult to get information from them. Depositions are also used as evidence if one party does not want to testify in court or if there are conflicting testimonies about what happened during the marriage.
Although the goal is to arrive at an amicable divorce agreement, it may take some effort and uncomfortable encounters to reach that point. Even though, in some cases like an uncontested divorce, you can represent yourself, having the assistance of an experienced divorce attorney Springfield MO from Masterson Law can potentially make the process easier.
When Might a Deposition be Helpful?
Divorce depositions are a type of testimony given to the court. They are typically given in a formal conference room setting, and the person giving testimony is sworn in by the court to testify under oath. Divorce attorneys can explain how your deposition testimony may be helpful in family law cases.
The following are some examples of when depositions might be helpful in the divorce process:
If one party has been accused of committing a crime like domestic abuse, they might need to give a deposition to prove their innocence.
In a lengthy contested divorce, both parties may need to provide depositions to present their side of the story.
When child support, marital assets, or child custody issues are contested, depositions may be required for the court to obtain information to help make decisions.
It is essential that your family law attorneys properly prepare you for any questions the opposing counsel may ask at the upcoming deposition.
What is a Divorce Deposition?
A divorce deposition is a legal proceeding in which one party to a divorce case questions the other party. It is typically used to collect evidence and information from the opposing party.
In most cases, the questioning spouse will have their lawyer present at the deposition. A compassionate family law support lawyer will ask questions on behalf of their client and will also be present for any objections or responses from the other spouse’s attorney. Often the opposing attorney will ask the same question to the other spouse to see if they give a different answer.
Why Have a Deposition for a Divorce?
Getting a divorce is a difficult process. One of the most important steps in this process is to have a recorded deposition. It is particularly helpful in cases where one of the parties is accused of being criminal or abusive. This is to make sure that the information it will be accurate and up-to-date, as well as to make sure that the spouses are being honest with each other.
The court reporter records divorce depositions, including the deposition questions and answers. These are compiled into a transcript to be presented in a Springfield, Missouri divorce court.
The deposition transcript can be used in court to show what both spouses agreed on and what they didn’t agree on. It can also be used as evidence if one spouse decides not to go through with the divorce.
Deposition versus Mediation: What’s the Difference?
Although you may feel that depositions and mediation are time-consuming and unnecessary, they are sometimes the only way to persuade some parties to disclose information. Usually, they are used for general information purposes.
If you are concerned about your answers, you should seek legal advice from reputable lawyers. Along with a few tips, your counselor can explain the difference between a deposition and mediation.
What is a Deposition?
A deposition is a formal statement made under oath. Before a deposition, a witness, accompanied by an attorney, will have an opportunity to review the questions in advance. The witness is sworn to tell the truth and provide accurate information. The attorney for the person who called for the deposition can ask questions about any relevant topic.
What is Mediation?
In mediation, attorneys are not present, and witnesses are not sworn in. Witnesses may speak freely without fear of being questioned by attorneys from either side of a case. Mediation can be more informal than litigation and can help parties find common ground outside of court proceedings. It also provides an opportunity for those involved to develop a mutually agreed-upon parenting plan.
What Types of Questions Are Asked in a Divorce Deposition?
There are a number of questions that the attorney may ask during a deposition. These questions can range from personal criminal charges to financial questions. The attorney may ask questions related to your relationship with your minor children and the nature of your current living situation, such as whether you are living separately and for how long.
Both parties are allowed to produce documents like financial records to corroborate their sworn testimony. Reputable family & divorce lawyers in Missouri can potentially help you prepare with written questions. They can assess your body language and develop optimal responses before you are deposed.
What are Some Example Questions in a Divorce Deposition?
It is important to note that in a deposition, the attorney is asking questions of both the divorcing individuals, and they are required to honestly and accurately answer them.
Some of the most common types of questions asked in a divorce deposition are:
What is your current relationship with your spouse?
What is your net worth?
Do you have any children together?
How long were you married?
Do you have any health issues?
What types of recreational activities do you engage in.
Do either of you face criminal charges?
In family law, depositions are used to prove or disprove allegations of abuse or neglect. They are also used to prove or disprove allegations of criminal activity. When you face divorce proceedings, you want a divorce attorney with whom you can build a strong attorney-client relationship.
Masterson Law can potentially help you from the preparatory stages of the deposition to the conclusion of the trial or hearing. Call for a free consultation.