Are there important questions in your divorce that still haven't been answered?
Where did the money go? Does your spouse have assets you don't know about? Is there information about your children that could affect custody or parenting time? Is someone telling you one thing while the financial records seem to tell you something completely different?
Sometimes documents and written discovery provide the answers. Sometimes they don't.
That's when your divorce lawyer may consider taking a deposition.
A deposition gives an attorney the opportunity to question your spouse or another relevant witness under oath before trial. A court reporter records the questions and answers, creating a transcript that can potentially become important later in the case.
Depositions are part of the discovery process. Depending on the circumstances, your attorney may question your spouse, a financial professional, business associate, expert, or another person who has relevant information about an issue in your divorce.
Documents may also be requested as part of the discovery process when appropriate.
The main reason is simple: you need answers.
Suppose you believe marital money disappeared but don't know where it went. Financial records may reveal part of the story, but your attorney may still need to question your spouse about particular withdrawals, transfers, accounts, or transactions.
The same concept can apply to a business, property, income, custody dispute, or another important issue.
A deposition also allows your lawyer to learn what a witness is likely to say before trial. If that person's testimony later changes significantly, the prior sworn testimony may become important when evaluating or challenging credibility.
Absolutely not.
Depositions take time and cost money. There is little reason to spend thousands of dollars conducting depositions if the same information can be obtained more efficiently through bank records, tax returns, written discovery, expert analysis, or another source.
That's why I don't look at depositions as something that automatically needs to happen in every divorce.
The better question is: What information do we still need, and is a deposition an effective way to get it?
In a relatively straightforward divorce where both spouses have exchanged the necessary financial information and are working toward settlement, depositions may accomplish very little.
In a complicated case involving significant assets, a business, disputed finances, credibility problems, or serious custody issues, they may be much more valuable.
If your case cannot be settled and is heading toward trial, a deposition may give your attorney a better understanding of what a key witness is going to say.
Instead of hearing that testimony for the first time in front of the judge, your lawyer has already had an opportunity to ask questions, evaluate the answers, and identify areas that may require additional investigation.
That can also help with settlement. Sometimes getting important questions answered under oath gives both sides a clearer picture of the strengths and weaknesses of the case.
Discovery should help you understand your case and prepare to resolve it. It shouldn't become an expensive exercise simply because the tools are available.
If important questions remain unanswered in your New Jersey divorce, ask your attorney what information is missing and the most efficient way to get it.
Sometimes the answer will be additional documents.
Sometimes it will be an expert.
And sometimes, a deposition is exactly what you need.
If you're preparing for divorce and want to better understand the process ahead, my free Divorce Smarter Course can help.
Until next time,
Steve