When conducted properly, depositions can be critical to supporting a court case. One definition of a deposition is taking an oral statement of a witness under oath, before trial. These proceedings, also called discovery, are usually used to build and support cases. Videotaping has not always been a very popular method of capturing depositions, however it has proven to be a great tool in many cases. Videotaping a deposition has several benefits worth considering. [Read more…]
A no-fault divorce deposition or uncontested divorce deposition is usually done in accordance with a divorce pro se. A divorce pro se is when a person decides to represent themselves in a divorce case. This is usually done when a person cannot afford a lawyer; they are getting an uncontested divorce, or have no children or assets to negotiate over.
Virginia rules require the party seeking the divorce submit either a deposition or an affidavit stating certain facts are true. This is where Cook and Wiley can help. We are able to take uncontested divorce depositions that can be used in a divorce case.
First the complainant and their witness must be placed under oath by one of our court reporters, who will then make a verbatim record of their testimony. The complainant will then answer a series of questions pertaining to their uncontested divorce. Below is a list of a sample questions that may be asked.
Sample Uncontested Divorce Deposition Questions
- Were you lawfully married on (date) in (location)?
- Were there any children born of this marriage or adopted under the age of 18?
- Have you and (the defendant’s name) lived separate and apart without interruption for more than a year?
- On what date did you separate?
- Do you feel there’s any chance of reconciliation between you and (defendant’s name)?
*Please note that these are only sample questions and not a complete and comprehensive list of the questions you may be asked.
After the deposition has been taken, our court reporters will prepare the transcript within ten business days. We will file the original with the clerk’s office and send a copy to the client. It is a simple process that can help you quickly settle your divorce.
If you need a no-fault divorce deposition, call Cook and Wiley at 804-359-1984 today.
Depositions are serious matters. Since this discovery portion can either be utilized to build or to tear down your case, it must be handled properly. By having certain aspects in place and knowing what to expect, you can ensure that the process goes smoothly and that it works in your favor. As you prepare for your first deposition there are a few key things that you should know and implement to complete the procedure successfully.
1. Research the Other Lawyer
It has been said that the best offense is a good defense. Though this saying is usually shared in reference to sports, it can be applied in this instance as well. You need to know your opponent, or the other lawyer. By doing some research you can learn about them, uncover their patters and style, as well as predict their approach to the particular case that you are working. This can give you a leg up in your preparation for the case, as well as in your deposition. If you know how they will operate, you can be strategic in how conduct your deposition in order to strengthen your argument.
2. There are Strong Benefits in Videotaping
Videotaping the deposition can prove to be essential in some cases. There are a few different benefits that you can gain from it. The most obvious advantage is having that record to be able to go back to as additional point of reference when building and presenting your case. It can also aid in capturing the witnesses’ true demeanor and tone, which can speak volumes to their character and credibility. Another benefit that may not seem as obvious but could make a huge difference is that if the other lawyer is difficult or abrasive, having the deposition videotaped can aid in reducing those tendencies.