What Your Divorce Lawyer May Not Tell You by Margery Rubin & Sally Sampson

Author:Margery Rubin & Sally Sampson
Language: eng
Format: epub
Publisher: Simon and Schuster
Published: 2009-07-15T00:00:00+00:00

Q What is a deposition?

A A deposition or EBT (examination before trial) requires one party at a time to be questioned under oath before each other and both lawyers. This is usually held in one of the lawyers’ offices. A deposition gives each party the right to hear testimony and seek documents pertaining to the issues. It gives both attorneys and their clients an overview of the finances, strengths and weaknesses of the case and of the witnesses involved before they go before the court. Depositions are used in all lawsuits.

Most clients are concerned and frightened by the very idea of a deposition, because in their mind they think a deposition means their case is definitely going to trial. I assure you this is not necessarily the case. A deposition is one of the key methods used to find out the specifics of the case so that a trial can be avoided in many instances.

One of the most common topics in a deposition is finances. In the deposition, you will be privy to your husband’s earnings, income, asset pool, and the worth of his practice or business, if he owns one. And he will be privy to all this information about you. It’s imperative that you are truthful and thorough—and that you keep a keen eye out for this same standard of truth in your husband’s testimony.

Remember the marital biography you wrote when you first hired your lawyer? It will come in handy now—think of all that you know about his finances and be sure he’s disclosing everything. In many divorces, this area is the source of much contention. See chapter 5 for a more thorough discussion of finances in divorce.

When two people decide to get a divorce, it isn’t a sign that they “don’t understand” one another, but a sign that they have, at last, begun to.

—HELEN ROWLAND

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