Has your divorce turned into a court battle? Here’s what you should know about depositions….

Here we share the views of vastly experienced Wichita, KS divorce lawyers on what sort of a role third party witnesses play when it comes to a divorce deposition. We will also address how and why they may be required to appear for a divorce deposition.

How does a third party witness get involved in a divorce?

Divorce is something which primarily involves a married couple, but this does not mean that third party witnesses cannot be factored into the equation. Divorcing spouses and their lawyers can acquire information from third party witnesses in several ways.

A witness inherently enjoys the freedom to choose who he or she wants to divulge information to, and who he or she wants to refrain from talking to. Therefore, for instance, if the witness happens to be a friend of the wife then the wife’s attorney could reach out to the witness instead of the wife directly in order to avoid tipping off the husband and/or his legal counselor.

Another manner in which a witness can become involved in a divorce case is when he or she signs an affidavit. An affidavit is a legal, official document that is a sworn testimony and needs to be attested or signed before a notary public.

Lastly, when a witness has an abundance of information about the relationship or the marriage in question the lawyers from both sides may understandably want to depose this particular witness. This is especially true in cases of house maids, babysitters, and so on who would have a first-hand perspective of the relationship and its other relevant intricacies, say divorce attorneys in Kansas.

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What to expect from a deposition?

In order to get a witness to take a deposition, the lawyer must send the witness what is known as a subpoena. The subpoena could either be willfully accepted by the witness or the legal pro may reach out to law enforcement officer or a court approved process server to have the subpoena delivered to the witness.

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The subpoena is basically a notification that will contain details such as the time, place, date, and location of the scheduled deposition.

The deposition generally occurs in the deposing lawyer’s office but a court reporter will also be present and everything that the witness says may be recorded in one way or the other. However, the witness also has the right to be accompanied by a legal representative during the subpoena. This is in fact recommended by Wichita, KS divorce lawyers especially considering the fact that the witness would be under oath and if they were to provide incorrect information even accidentally, it may be considered a crime.

Now in the show The Good Wife, at the end of season 6, when the judge asked Alicia Florrick (Julianna Margulies) how she obtained information about whether or not this police officer has been investigated by Internal Affairs she told the judge she heard this information from Kalinda Sharma (Archie Panjabi). Now Alicia really heard this information from someone else but she did not want to get that person in trouble and knew Kalinda was out of the city and not coming back so it was worth the risk to lie to the judge. But this is not advised. Do not lie when you are under oath!

If one of your witnesses lies under oath on your behalf in a divorce and it is later discovered they lied, your divorcing interests will take a serious hit.

Meanwhile, if you have any questions about a deposition or need legal counsel on divorce issues, all you need is to reach out to a Kansas divorce lawyer. This is the best way to ensure that your case is handled in an organized, timely, and effective manner.