Deposition
A formal out-of-court testimony given under oath and recorded by a court reporter. Depositions are a key part of discovery in contested divorces.
Understanding Deposition
During a deposition, an attorney questions a witness or party under oath while a court reporter creates a transcript. Depositions serve multiple purposes: gathering information, assessing how a witness will perform at trial, locking in testimony (making it harder to change stories later), and sometimes pressuring settlement by revealing the strength of the other side's case. Depositions can be expensive ($1,000-$5,000+ each) and stressful, but they are powerful tools for uncovering hidden assets, exposing dishonesty, and building a case for trial.
Real-World Examples
The wife's attorney deposes the husband for four hours, questioning him about undisclosed bank accounts and business income.
Related Terms
The formal legal process of exchanging information and documents between parties in a divorce. It includes interrogatories, requests for production, depositions, and subpoenas.
AffidavitA written statement of facts made under oath and signed before a notary or authorized officer. Affidavits are used extensively in divorce proceedings as evidence.
Contested DivorceA divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.