Depositions in Panama City Divorce
What is a divorce trial deposition?
A deposition may be used in any number of cases as a method of formal discovery.
This can be used in a divorce case, especially to gather financial information.
Essentially, it involves the deposed party being under oath as he or she
answers the opposing attorney's questions, while a court reporter
records the whole session. This is a manner of investigation, collecting
testimony and evidence, and/or probing for further lines of inquiry. The
attorney can work from transcripts of the deposition, and whatever is
said can be brought to trial.
For example, if a witness gives testimony in trial that conflicts with
a deposition answer, then that witness may be "impeached." A
deposition is usually involved in contested divorce, relating to such
matters as property division, paternity cases, child custody, etc. You
can depose your spouse, and any involved party may be subpoenaed to a
deposition. An involved party can be anyone from neighbors, coworkers,
friends, and other individuals.
How a Deposition Can Help You
Usually, gathering financial information for a divorce is not a smooth
process. A spouse may hide some of his or her assets so as not have their
property split with you. If you feel that your future ex-spouse is not
giving full financial disclosure, you may want to consult with a divorce
attorney about instigating a discovery process. Often, your attorney can
request financial documents from your spouse, ask your spouse to answer
questions in writing, and/or even request access to safe deposit boxes
to ensure that no marital property is being withheld.
Another option is to request a deposition, where you, your spouse, respective
attorneys, and the court reporter appear, while your spouse is under oath
while answering your attorney. Any lies could lead to perjury charges.
This formal inquiry can help ensure that there is honest financial disclosure.
It is a good idea to wait until you have some financial information to
work with, so your attorney can ask more specific questions. The court
can order your spouse to give financial documents, and if he or she refuses,
the court can take action including presenting your spouse with fines.
Being Prepared for a Deposition
If you are deposed to give testimony in a divorce case, then you will need
to be thoroughly prepared. If you consult with an experienced divorce
lawyer, you can be equipped with the knowledge of what you are likely
to face. You will be interviewed by the opposing attorney, and not only
will your conversation be recorded by the court reporter, but you may
even be videotaped. You must be thoughtful about your posture and answers.
The opposing counsel may appear friendly, but never forget that he or
she is trying to combat your case. Thinking out loud is a bad idea, and
false answers are illegal and will come back to bite you. You will want
to keep your answers brief, sticking to the facts. If you do not know
the answer, it can be bad to guess, and if you simply answer, "I
don't recall," that can work just fine.
You should be ready with answers for the most part; especially if this
is a matter of child custody, then you should be familiar with anything
pertinent to your child's life (relationships, medical information,
interests, education, achievements, etc.). You may be asked some very
personal questions regarding your relationships, lifestyle, finances,
and so much more, and you have to be ready to answer these questions.
Aggressive Divorce Lawyer in Panama City Can Fight for You
Depositions can be costly and time-consuming matters, but in certain cases,
they are necessary to resolve your issues. Before pursuing this formal
discovery, you will want to ask a divorce lawyer about this. If you do
need to request a deposition, then a skilled divorce attorney can prepare
and ask the probing questions necessary to acquire vital information.
If you work with a Panama City divorce lawyer from the firm, you can know
that you are getting experience and dedication on your side. With so much
at stake for you and your family, do not hesitate to
contact the firm today!