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    apollo1939's Avatar
    apollo1939 Posts: 5, Reputation: 1
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    #1

    Aug 31, 2009, 12:44 AM
    Deposition in divorce
    I have been subpeoned for oral deposition in my divorce. Is there any way to stop this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 31, 2009, 04:50 AM
    No. The other party in a divorce is is entitled to have a deposition taken. Why would you want to stop it. Do you have an attorney handling the divorce for you?
    apollo1939's Avatar
    apollo1939 Posts: 5, Reputation: 1
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    #3

    Aug 31, 2009, 05:32 AM
    Yes it just seams like everything I have read on it isn't very positive can you tell me more
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 31, 2009, 05:45 AM

    A deposition is like a cross examination in court. The other party's attorney asks you questions and the transcript of the deposition is presented as part of the trial record.

    You cannot avoid a deposition since its required by court order. So you DO want to show up with your attorney so you have someone advising you what questions you shouldn't answer. The only negative about a deposition that I know of would be that there is no judge to rule on the validity of the questions being asked. That's why you need your own counsel.
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    apollo1939 Posts: 5, Reputation: 1
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    #5

    Aug 31, 2009, 06:09 AM
    What I think is strange is myself my attorney a different one than now my ex spouse and his attorney all sat down at a mutual meeting already where all financial things were disclosed and noted etc without court reporters. So why are we doing this again My spoudse is making all kinds of allegations. My concern being that Ill be raailroaded into conflicting answers etc. and can they reask what has already been gone over? What are my rights here?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 31, 2009, 06:14 AM

    Yes, they can ask again question that were previously asked. Y,es they probably will try to trap you into conflicting answers. That's what cross examination is about.

    That's why you don't go into a deposition without your own counsel. That's why you keep your answers as simple as possible. That's why you stick to the truth.

    You also prepare for the deposition by going over the previous sessions so you can be consistent in your answers.

    And again, why are you not talking this over with your attorney?
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