Personal Injury Lawyer
Divorce can be a truly agonizing thing to go through, even if splitting up was agreed to be the best decision by both spouses. Divorce can be time-consuming, lengthy, and anxiety-provoking. A key element of any divorce proceeding is the deposition. Spouses who are getting ready to dive into the divorce process (or are currently in the midst of it), can benefit from hiring an attorney and court reporter.
What is a Deposition?
A deposition occurs during the discovery phase of a divorce, in which both spouses meet with each other and their respective attorneys, in an attempt to gain information from the other side. Depositions do not happen in the courtroom. Instead, they may be held at a court reporter’s office or some other private meeting area. The court reporter does put all parties under oath before the meeting jumps into inquisitions. The intention of a deposition is to obtain details that can help each side build their case, along with increasing the chances of getting the desired verdict.
How Does a Court Reporter Help Me?
A court reporter is a professional who has experience creating detailed accounts of legal proceedings, through the use of a stenotype machine or voice recorder. Once the meeting has concluded, the court reporter can provide the transcript to each spouse and his or her attorney for review. A transcript of the deposition can be helpful to ensure clarity in what was said, helping minimize disputes over miscommunication. Without such a document, it can be difficult for both sides to remember exactly what was stated.
A court reporter also begins the deposition by making all parties aware that they are under oath. Due to this, it can encourage both spouses to answer honestly to the best of their ability. While there is added pressure to knowing the conversation is being recorded, it promotes transparency and discourages false statements.
What Types of Information Will Be Discussed?
Before the deposition, an attorney is likely to talk with their client about what to expect during the meeting and what types of topics may be discussed. The role of the spouse’s attorney is to ask questions to the other spouse, so the court reporter can document the following information:
- Finances: as an attempt to uncover more details about a spouse’s financial status, and how much the other spouse may be entitled to receive.
- Incidents and Dates: circumstances that caused the divorce may be relevant to divorce disputes. An attorney may ask questions to confirm if certain incidents occurred and on which date(s).
- Health Records: a spouse’s health may come up if it is suspected he or she has a condition that hinders ability to care for children properly.
- Property: shared property that will be divided between both spouses is likely to come up in the deposition. An attorney may ask the other spouse to read a list of assets and what their estimated values are worth.