Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Sara Pitcher

Cordell & Cordell Divorce Lawyer

Before addressing non-party discovery, it is helpful to understand what discovery is.

Discovery is defined as:

1. The act or process of finding or learning something that was previously unknown.

2. Compulsory disclosure, at a party’s request, of information that relates to the litigation.

3. The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production.

4. The pretrial phase of a lawsuit during which depositions, interrogatories, and other forms of discovery are conducted.  Black’s Law Dictionary, 498 (8^th ed. 2004).

In a family law case, discovery may involve interrogatories, depositions, requests for admission, and/or requests for production. These are tools designed to discovery the information necessary to prepare for a hearing or to prepare or respond to a settlement proposal.

Question:

I received a discovery and document production form from my wife's divorce lawyer asking me to provide bank statements and other financial information from our date of separation.

This request also wants to know any newly acquired assets after our separation date.

Do I have the right to object to such divorce discovery questions?

By Nathan A. Hacker

Indianapolis Divorce Lawyer

The biggest advantages to taking a deposition is that you can be sure what your wife is going to say at trial, and you can hope that it changes. 

Strategically it does not matter what story is told, but that a story is told.

In depositions, you are trying to find out what the testimony will be at trial so that you and your divorce attorney can formulate a strategy that will maximize your results, or minimize your exposure, whichever the case may be. 

Anything that your wife says in her deposition can be brought in to trial through the impeachment process.

Let’s take a look at an example of a deposition:

By Nathan A. Hacker

Indianapolis Divorce Lawyer

Though I currently practice family law exclusively for Cordell & Cordell, I was previously both a prosecutor and defense attorney so I have participated in countless depositions and have seen cases won over a few careless words by a witness who is not prepared.

Here’s the thing about depositions: most people don’t prepare for them like they should and are nervous about the process to boot. I have seen police officers who have been deposed hundreds of times crack in a deposition when they forget what they wrote in their report. 

So here are 5 divorce tips for men on how you should prepare for a deposition to ensure your testimony does not negatively impact your case.

By Jennifer Paine

Attorney, Cordell & Cordell

Are you terrified of your wife’s attorney?

If you are, whether or not you admit it, the feeling is normal particularly if a divorce trial is on the horizon.

Here are the things you should do to be prepared for that dreaded cross-examination, broken down into three phases: one month before trial, one week before trial, and one day before trial.