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New York, NY family law attorney Lisa Zeiderman talks about depositions in a family law case. She explains that a deposition in a family law case serves as an opportunity for the attorney to question the other party—typically the spouse—and sometimes non-parties, such as employers or individuals with relevant financial information. Depositions usually take place in a lawyer’s office, where both parties, their attorneys, and a court reporter are present. The reporter transcribes all questions and answers, creating an official record.
During the deposition, the person being questioned is sworn under oath, making their testimony legally binding. This testimony can later be used at trial either to challenge the credibility of the witness or to refresh their memory about prior statements. Depositions are critical for gathering detailed information about assets, liabilities, and expenses. This information helps the attorney formulate a settlement proposal if resolution is possible, or prepare for trial if the case cannot be settled.