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I am in the state of Alabama and currently going through a…

Customer Question
I am in the...

I am in the state of Alabama and currently going through a divorce. I have already answered the discovery questions. Now I am being called into deposition. My question what is a deposition? And why do I need one for a divorce?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Alabama

Lawyer's Assistant: Has anything been filed or reported?

Yes we have for divorce and set for trial

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. She is trying to move my kids 4 hours away.

Submitted: 6 months ago.Category: Family Law
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Answered in 5 minutes by:
3/7/2018
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 15,769
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
Go ahead
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 6 months ago
Ok thank you
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks so much for your patience. So, a deposition is basically an interview that the litigants have with witnesses. It's done under oath and it is typically done outside of a courthouse. There is usually a court reporter there to help transcribe the testimony that is given. In most cases, the attorney will ask the witness questions that are relevant to the case and it is an effort to discover information that the others ide may have. In most divorce cases, it is usually surrounding property and custody issues. For example, if an attorney is trying to find out whether a parent has used drugs in the past, a deposition is a way to get a party under oath to make a statement. If a party says, "no, I have never used drugs," but then they find photos later of them smoking marijuana, then at a trial, the attorney who took the deposition can impeach (contest) what the witness said and that will hurt their credibility. The attorneys will send out notice of the date and time and you are allowed to have your own attorney there as well.

How else can I help you today?

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Customer reply replied 6 months ago
Well I have answered a list of discovery questions already. I was wondering why if I have answered questions in writing. Why am I now having to go to deposition
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

That's a good question. Sometimes, there may be additional questions that they will want to ask or they may want to get you on camera to see in person whether you are being honest about certain things. Most of the time, depositions are unnecessary, but there may be additional things that the other party may want to ask that may be too difficult to ask in writing. For example, they may ask you to describe your relationship with your children. That's usually more easily done in person. Plus, it's a chance to try to intimidate and trip you up. It stinks.

What other questions did you have for me today?

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Customer reply replied 6 months ago
She (my ex) is trying to move my kids 4 hours away to where her parents live. She has no job, has a degree. I own a successful State Farm office. However she is trying to paint me as a alcoholic, gambling low life. I am the type Dad that coaches sports goes on field trips etc. sure I like to have fun and drink just like a normal person. Can you see a judge allowing her to do that?
Family Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean. It is critical to understand that the courts are bound to look at what is in the best interests of the child above all else. This means they will look into who and how the child’s health, education, welfare, and safety are best going to be served. So, in your case, it's unlikely that they will grant her the chance to move the kids away unless it's really, really good for them.

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