By Robin Roshkind, Esquire, West Palm Beach, Florida
By the time depositions are being considered in a divorce case, the parties would have had to produce what is called mandatory disclosure under Florida divorce law. This means the husband and the wife have gathered documents regarding finances and have exchanged them for review. Financial affidavits would also have been filed by the time of taking depositions. Because most divorces are all about money, in terms of alimony and/or child support, as well as the value of the marital “stuff” , deposition questions usually are about money. How one arrives at a figure on the financial affidavit is a fair question. How one spends funds, is another fair question. In fact, all questions are fair game in this game of depositions. Anything that will lead to more information that could possibly be relevant in the case is a fair question.
Can you not answer a deposition question? Yes. If you refuse to answer a deposition question, the asking attorney will mark that in the court reporter’s transcript and take it up with the judge. If the judge rules you must answer the question after hearing why you think you shouldn’t have to, you will probably have to pay the other attorney for the trouble of attending a hearing on the matter. For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com.