The Importance of Discovery in a South Florida High Net Worth Divorce
What is a deposition for divorce? Is this discovery tool only necessary for a high net worth divorce? How does a Florida protective order come into play? If you’re ending a Florida marriage, chances are you have some divorce discovery issues such as these to address. Let’s focus on the answer to: What is a deposition?
When jilted spouses seek advice about divorce in Florida, it’s extremely beneficial to channel Ghandi. ‘An eye for an eye only ends up making the whole world blind.’
Then again there could be a slight disconnect. He was thrown into an arranged marriage at the ripe, old age of thirteen after all.
What is a Deposition’s Role in a High Net Worth Divorce
In an ideal world, the divorce process in Florida would be as simple as warmly looking back on the memories of a life spent together. Waving goodbye to the moving truck packed with possessions you amicably divided the night before over Cabernet and an old Sinatra record. No divorce attorney needed. Unfortunately, Facebook plays a part in a third of family law cases. We live in a society where tagging your beloved’s car with a GPS is as routine as stating your morning Starbucks order. This makes the chance of a fond farewell about as good as Ryan Braun’s status as an inductee to the baseball hall of fame.
Florida Protective Order Explained
A lawyers deposition is quite helpful if the theme of your divorce is more Paul McCartney and Heather Mills than Gwyneth and Chris Martin. While it isn’t necessary, it’s also useful in a high net worth divorce when there are complex financial or business matters issues. For example, if there is an asset divorcing spouses try to hide, a lawyer questions the party to get clues.
When Taking a Deposition for Divorce, Tread Lightly
Bitterness and bottled up rage have taken the forefront and desperate times call for desperate measures. All logic has gone out the window and you find yourself unable to sleep at night, your thoughts consumed by how you are going to exact revenge on your ex. And then, Eureka! You’ve got it… if it takes your last breath, you will expose your intended life partner for the scumbag he or she really is.
You can hardly wait for the morning light to call your divorce attorney with the news. You prepare a witness list full of people that will make expose your ex for the liar and cheater they really are. There’s only one problem. There could be a fatal flaw to your master state Florida plan. Let me introduce you to a little thing called the Florida protective order.
A Deposition for Divorce Can Be Helpful in a High Net Worth Divorce to Expose Assets or for the Creation of a Parenting Plan, but Be Careful Using it for Other Reasons
So just what is a deposition? Depositions are useful to a divorce attorney to question a party outside of court on matters relevant to the case. In a high net worth divorce, the primary use is to question the attorneys witness about finances that the other party may try to conceal. However, the scope is limited. A person’s right to privacy must be balanced against the need for and the value of the information sought. Therefore, if your motivation for deposing the office tramp is the personal satisfaction of dragging your ex’s name through the mud, you’re pretty much SOL.
In addition, Florida protective orders in Palm Beach County divorce are key to protect privileged information from certain confidential relationships of parties witnesses. These orders protect an innocent party through the power of injunctions and can also limit a depositions questions or requested documents to what’s relevant to divorce cases. It can also limit the questions answered by a deponent or witness. That said, a depositions testimony is critical at trial when used correctly by the depositions attorney.
What is a Deposition Used For?
After a high net worth divorce is filed, any party may take the testimony of any person by deposition upon oral examination. The service of a notice for deposition acts as a subpoena. Consequently, it’s issued by the clerk of court or attorney of record. There are six main goals of a deposition for divorce:
- Discovery of information.
- To find out what the party’s position is on relevant issues.
- To figure out what makes the party tick so you can form a trial strategy.
- Perpetuate testimony of a party or witness who will not be present at trial.
- Impeach inconsistent testimony at trial
- To evaluate the case for settlement.
What Is a Deposition of an Expert Witness?
Depositions of expert witnesses are also especially relevant. The definition of an expert witness is a person duly and regularly engaged in the practice of a profession and holds a professional degree. Experts are men and women who receive special training and experience about the subject to which they testify.
Experts can testify to a variety of issues. They are helpful for mental health evaluations, property valuation, and other issues. For example, for an alimony claim, expert testimony of an accountant can help prove statutory factors such as:
- The standard of living established during the marriage.
- The tax treatment and consequences to both parties of any alimony award.
- Income available to either party through investments of any asset.
Florida Protective Order Basics
The ability to secure or defend a Florida protective order for an attorney deposition for divorce can be tricky. Of course, there are loopholes in the laws attorneys can work around. It’s important you hire a divorce attorney that answers the question what is a deposition in a creative and calculated manner.
Time is of the essence for a Florida protective order. A hearing must take place on any objection to the subpoena. Additionally, the burden is on the party who brought the motion for Florida protective order to show good cause. More importantly, until the moving party obtains a family court order, the duty to produce the discovery under the laws divorce dictates still exists. Furthermore, the court must award reasonable expenses to the non-moving party unless the court finds that the motion was justified.
The Specifics of a Florida Protective Order
When a notice for deposition is filed, the court can enter an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. Consequently, there are several things the order can contain:
- That the discovery not be had.
- Discovery may be had only on specified terms and conditions.
- Discovery may be had only by a method of discovery other than that selected.
- Certain matters may not be inquired into, or that the scope be limited to certain matters.
- Discovery be conducted with no one present except persons designated by the court.
- That a deposition for divorce, after being sealed, be opened only by order of the court.
- Certain information not be disclosed or be disclosed only in a designated way.
- That the parties simultaneously file specified documents enclosed in sealed envelopes to be opened as directed by the court.
How to Find the South Florida Attorney for Your High Net Worth Divorce
Retaining a skilled divorce attorney will protect you from unfair tactics used for a family divorce deposition or other discovery. They should understand that there is a balance between putting your ex on blast and keeping your own skeletons in the closet where they most likely belong.
Injunctions domestic violence also fall under the heading of Florida protective order. To read about these protections domestic violence, protection domestic violence ordering against protective violence, click here.
Click Boca Raton Female Divorce Attorney to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.
Palm Beach Divorce Family Law Attorneys Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
High Net Worth Divorce
Deposition For Divorce
Florida Alimony Laws
Division of Retirement Benefits In Florida Divorce
Florida Protective Order
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement