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What to consider before asking for a deposition

On Behalf of | Feb 24, 2021 | Divorce |

The discovery process can be an effective method of obtaining the information needed to negotiate a favorable divorce settlement in Delaware. During discovery, you can ask for bank statements, social media contact lists or any other records that might be relevant in the matter. Furthermore, you have the right to ask for sworn depositions in an effort to bolster your bargaining position.

Should you ask for a deposition?

A deposition could be helpful if there is reason to believe that your spouse may be hiding something. It may also be helpful in the event that your case is headed for trial. This is because your family law attorney may be able to get a read on how your former partner will react to various lines of questioning while on the witness stand. Having this information might be helpful when determining the type of legal strategy to deploy when the case does get to court.

Depositions can take time

It can take up to a week to get through a deposition, which means that seeking one might dash your hopes of obtaining a quick settlement. Furthermore, you risk alienating your spouse by requiring that person to speak under oath, which may make it harder to dissolve the marriage in an amicable manner. Generally speaking, it takes more time to reach a divorce settlement when the parties aren’t on good terms with each other.

Do you have any children?

It’s important to consider your children’s needs when deciding how the discovery process will unfold. Ideally, you will only seek depositions if you think that it could lead to larger child support payments, retaining ownership of a marital home or other resources that will make your child’s life easier.

It’s generally in your best interest to hire an attorney as soon as you think that your marriage is coming to an end. Legal counsel may be able to take a variety of actions to help you obtain a favorable divorce settlement in a timely manner.