The importance of a deposition in some cases

Deposition in divorceMost parties want their divorce or family law case to settle short of trial.  A trial can be expensive from a financial and emotional standpoint.  It also does not make sense for many to put their lives in the hands of a judge to decide what is best for their family.

For various reasons, however, many parties just cannot settle their case.  For one reason or another, the parties have different viewpoints in terms of what is fair and reasonable.  Despite settlement offers between exchanged, settlement conferences taking place in court or mediation, some parties just cannot settle.

In these cases, a party generally has no choice but to prepare their case as if it is going to trial.  Otherwise, the case can end up being set for a final trial date — and a party will want to put their best case forward at trial.

A deposition can have an almost immeasurable impact in many cases.  A deposition can help flesh out why a case has not settled.  In a deposition, an attorney can generally ask the other party under oath their position in terms of settlement and why they do not feel like the settlement offers they have received are just and reasonable.

A deposition can also help a party, and their attorney, understand the other side’s position.  In many divorce or family law matters, issues or facts can come up in a deposition that a party did not know about or anticipate.  By fleshing these issues out, a party might be better prepared for trial and/or might discover why the other side has not taken their settlement offers.

In some cases, a deposition might actually help the parties better understand their position so that a settlement can be actually be reached.  But, even if that is not the case, a deposition can help narrow and focus the issues in a case.  This can result in a trial being conducted more effectively and efficiently.

Obviously, most parties would prefer to settle their case so that a deposition is not necessary.  But where that is not possible, a deposition of the opposing party, and key witnesses, is imperative in many cases in terms of trial preparation.

If you are going through a divorce or family law matter where the case is having trouble settling, Stange Law Firm, PC can help.  You can call us at 1-855-805-0595.

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