The Purpose of Depositions During Divorce

Obtaining a divorce can seem like a daunting task for those who are not familiar with legal procedures, or who have never given testimony at a deposition. In these cases, an experienced divorce attorney can play an especially important role in ensuring that a divorce goes as smoothly as possible, so if you and your spouse have decided to end your marriage, you should consider speaking with a Fort Lauderdale divorce lawyer as soon as possible about the legal procedures required to dissolve your marriage.

The Discovery Stage

There is a period of time in most divorce proceedings, known as the discovery stage, during which both parties to a divorce are permitted to request documents, testimony, and any other evidence that they need to support their arguments from each other. How long this period of time lasts depends on the degree of complexity involved in the case, as well as the level of conflict between the parties. One of the approaches used by divorcing parties to gather information is to take a deposition of the individual in question, whether he or she is a witness or just someone with knowledge of a certain issue.

What is a Deposition?

Depositions are essentially informal meetings where both sides of a case have an opportunity to ask questions of a certain person, while also ensuring that the answers are set down by a court reporter. The questions asked, usually by the parties’ attorneys, are similar to those that would be asked at a divorce trial. In most cases, both attorneys will have a prepared list of questions that are specifically structured to address issues that are being disputed, such as ownership of a certain asset. The length of depositions depends on a number of factors, including how many questions are being asked, how many people are being questioned, and the level of the parties’ cooperation.

Where depositions are held varies, but they usually take place in conference rooms or at an attorney’s offices. Regardless of where they are held, it is important to note that the statements made during deposition are given under oath, which means that the parties can assume that the statements are true and accurate. The primary purpose of divorce depositions is to determine the basis for each party’s claims, which can, in turn, help attorneys decide whether attempts at a settlement should be made, or if a case should be taken to trial. For this reason, the information provided during depositions can play a pivotal role in the resolution of a divorce case, particularly because it can also be used as evidence in the event that a case does go to trial.

Speak with an Experienced Florida Divorce Attorney

Depositions can play a key role in the outcome of a case, so it is important for divorcing spouses to retain experienced attorneys who can ensure that your depositions are conducted properly and with careful attention to detail. To learn more about how a dedicated attorney can help with the resolution of your own case, please call Sandra Bonfiglio, P.A. at 954-945-7591 today.

Resource:

floridabar.org/public/consumer/pamphlet010/