Depositions in Divorce

Married couples that are getting divorced will have to work toward agreeing upon divorce settlements. Often, couples reach these settlements after gathering evidence and analyzing information about the couples’ marital assets, debts, and incomes.

Part of the information-gathering process may be a deposition. A deposition may occur before or during a trial. It is essentially a testimony from a third party that is used as evidence in a case. Unlike a regular testimony though, the deposition does not occur as part of a trial.

Understanding the Deposition

An individual may order a deposition when he or she wishes to obtain evidence from a third party for a court case. Anyone may be deposed, including someone that an individual in a lawsuit does not personally know. This may be the case when an individual needs testimony from an expert witness.

In a divorce case, individuals may choose to gain depositions from individuals close to the couple seeking a divorce. These individuals may include:

• The couple’s children
• Family friends
• Parents and relatives

The evidence obtained from a deposition may be used to fight for certain terms in a divorce settlement.

How Depositions are Served

Depositions are usually ordered with a Notice of Deposition, which is much like a subpoena. Some courts may require an individual to compensate a deposed person. Additionally, a notice of deposition may come with a subpoena if an individual in a trial needs the deposed person to reveal documents.

Individuals who are served with deposition notices will have to appear at a given location at a given date and time to provide their testimonies. The people present at a deposition may include:

• The individual being deposed
• An attorney
• An expert witness

No judge will be present at a deposition.

Contact Us

Depositions can prove helpful in many divorce cases. To learn if a deposition may increase your chances of winning a more favorable divorce settlement, please contact the Austin divorce attorneys of Slater & Kennon, LLP, today at 512-472-2431.