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As Augusta, Georgia divorce lawyers, we sometimes find it necessary to take the deposition of the opposing party in a divorce case. But have you thought about the reasons why divorce attorneys might choose to take a deposition in a divorce case? Of course, we are referring to contested divorces in this discussion. If you and your worthless spouse, "Sluggo," are getting a simple, uncontested divorce, then you won't likely be discussing the idea of taking his deposition with your divorce attorney. Consider the following reasons, (among many others), as to why divorce lawyers sometimes take depositions:
1. TO OBTAIN DEFINITIVE ANSWERS FROM "SLUGGO" ABOUT FINANCIAL MATTERS:
Sometimes, it becomes necessary to try to pin down a spouse about how and where they have spent money, or who they spent it on. In other words, by deposing the other party, you can hopefully obtain some definitive answers, under oath, about where the money is located. Interrogatories and other discovery tools can also be useful, but, sometimes, it helps to be able to "lock in" "Sluggo" face to face!
2. TO OBTAIN DEFINITIVE PROOF ABOUT "SLUGGO'S" ADULTERY AND/OR OTHER FAULT GROUNDS:
In some divorce cases, it also becomes necessary to try to obtain clear evidence that the other party has committed adultery. Even if "Sluggo" doesn't come clean about his infidelity, or his lyin' and cheating, he may still slip up and provide some leads, or make some admissions, which can be useful at a final hearing, or jury trial.
These are just a couple of reasons why divorce attorneys might take depositions. Depositions are not really helpful in every case. Also, they can get expensive, so cost is one important factor to consider. Of course, it is important that you discuss all the facts and issues in your own divorce case with your own divorce lawyer before you decide to "make Sluggo's day" by deposing him!