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Sample Divorce Deposition Questions - Explaining Use of Requests For Admissions in Divorce Cases

All states have their own rules regarding exchanging financial information in a divorce case.
By: Attorney Expert
 
 
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Feb. 15, 2011 - PRLog -- Sample Divorce Deposition Questions

All states have their own rules regarding exchanging financial information in a divorce case. The rules in Florida likely do not differ much from rules in other states on this topic, but the author only practices law in the state of Florida and therefore this article is directly referring to Florida procedures.

Requests for admissions can be a very effective tool in a family law case and are darned cheap fun. There are many tools for discovery (both sides exchanging information, often financial) in a family law case. Depositions are when either party, or a witness, has to answer questions under oath. This is a great way to get information, nail someone down on an answer, and have tools to impeach them in court if they give a different answer. The downside to depositions; very expensive. A court reporter, being paid hourly, is there in addition to the lawyers. In order to use it in court this conversation will get typed up in a transcript, which can run easily into hundreds of dollars.

Requests for admissions are very different. This is a list of statements that the other party must admit or deny. If they do not do either, the Court must treat all of those statements as admitted, or proven true. If the party denies something that turns out to be true,the Judge will be shown that person is not credible and there can be attorney's fees awarded based on the dishonesty. The same is true if the party objects to the statements and the Judge thinks they should have answered them. If the facts are admitted, it is very fast and easy to establish those facts at trial. Get Internet #1 – Sample Divorce Deposition Questions @ http://witnesscure01.webs.com and become the best Attorney Ever!

It is important that the statements in a Request for Admissions be worded effectively. There cannot be any wiggle room for admitting or denying the statement. For example if you want to establish that the other spouse has dissipated (used improperly) marital money for travel with a lover, you would not use

"You have traveled frequently with M. Doe"..because that does not prove anything about using marital funds

You might use a series of statements that directly involve using marital funds such as

"You have paid money for expenses related to travel with M. Doe at least once in the last 12 months"

"You have paid to purchase airfare travel for a trip with M. Doe at least once in the last 12 months" Get Internet #1 – Sample Divorce Deposition Questions @ http://witnesscure01.webs.com and become the best Attorney Ever!

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