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Should I do a Deposition of my Spouse in Sacramento Divorce?

by | Nov 11, 2013 | Firm News |

In some particularly contested Sacramento divorce cases, it is sometimes necessary to engage in intrusive evidentiary discovery methods.  One such method is utilizing a deposition of the other party.  A deposition is called by noticing the other party within legal guidelines and arranging and paying for a court reporter to be present.  On the date of the deposition, the spouse is sworn in and then asked questions under oath just as if they were in a courtroom in front of a judge.  This process can be very intimidating for the party being deposed, but it is very effective for obtaining testimony in advance of trial.

There are pros and cons of utilizing a deposition of your spouse in a Sacramento divorce.  It is helpful to get an idea of what your spouse will say in court so that you can prepare in advance.  Also, if your spouse says one thing in a deposition, but then says something else at trial, you can use the deposition transcripts to expose the lie or inconsistency.  Depositions are expensive to obtain and there may be other, cheaper ways to obtain the information other than deposing your spouse.  Also, if your spouse has an attorney, it is possible the attorney will not let your spouse answer key questions you feel should be answered.  And it should go without saying that no judge will allow a deposition to proceed if it is clear the sole purpose is to harass the other side and waste money.

If you are interested in deposing your spouse to obtain key information for your Sacramento divorce case, please give us a call.  We can advise you on multiple forms of Sacramento divorce discovery including depositions. We offer a free half-hour consultation so, please contact us today.