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The Importance of Depositions During Divorce

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The process of divorce is not something that anyone expects to go through, and it can be overwhelming, especially because most people don’t understand the legal procedures that go along with moving a Petition for Divorce through the court system. The process often becomes even more confusing during the discovery stage of a divorce. This is a period in which each party is allowed to request testimony, documents, and other evidence that will be used to support their side. Depending on the case, this part of the divorce can last for a substantial amount of time.

One of the things that happens in the discovery phase is depositions. A deposition is an informal meeting where each party is able to ask questions of the other person and their answers are recorded. The statements are made under oath and must be true. These meetings may take place in a conference room at the courthouse or in an attorney’s office.

Deposition Overview 

To understand depositions a bit better, view them as a warmup for the types of questions that may be asked during a divorce trial, if the divorce reaches that stage. Each attorney will likely have a list of questions to address issues under dispute. All responses will be verbal and slang, such as “nope” or “yep” is not allowed. The length of the deposition depends on how many questions are asked.

Questions will need to be answered truthfully, although each party will have the opportunity to review the transcript of the meeting and point out incorrect information. However, changing an answer will likely be brought up in court and should try to be avoided. It is important to stay calm and try not to be baited by the other attorney. Your own attorney will help prepare you for your deposition and help guide you through the process.

Why Depositions Matter 

The purpose of a deposition is to determine the basis for the other party’s claims, which can help the attorneys determine if a settlement can be reached or if the case needs to proceed to trial. Testimony given in the deposition can also be used as evidence if the case does go to trial and can help support the case of one side. Depositions are often time-consuming and expensive, but they can yield important and valuable information that can help a spouse get their desired outcome for the divorce.

Contact an Experienced Florida Divorce Attorney Today 

There are a lot of different facts and laws that go into a divorce and depositions, and depositions can play a key role in how a case turns out. These meetings are often nerve-wracking for the parties involved but knowing what to expect can make a big difference in your comfort level. At O’Mara Law Group, our Orlando contested divorce attorneys know the emotions and frustrations that depositions can trigger and we will help guide you through the process, and all other aspects of your divorce, as smoothly as possible. Contact us today to schedule a consultation.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.052.html

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