Your deposition is permitted as part of the discovery process. This means that you will be placed under oath and an opposing lawyer will ask you questions about this lawsuit. A court reporter will make a record of the questions asked and your answers. This record is later transcribed to written form. In some instances, your deposition may be recorded on videotape for use in the courtroom. Your attorney will be present at all times during this deposition. There will be no judge present. Once the court reporter has transcribed the questions and answers given, a copy is provided to your attorney and to the opposing lawyer. Your attorney will notify you when the transcript is available, and you will have an opportunity to review your responses and make corrections to the transcript. Usually, after you have had an opportunity to review the transcript, the court reporter files the original transcript with the court. If your case goes to trial, your deposition will probably be used in court, especially in cross examination by the opposing lawyer. For example, if your testimony at trial is different from the testimony that you gave at your deposition, the opposing lawyer may attempt to use this difference to show that you are not a reliable or truthful witness.

Why is my deposition being taken?

Do you have a court day quickly approaching and you are under stress about giving your testimony? While testifying poorly can deeply hurt your case, it’s something that can be easily prevented. By following these 10 steps straight from our experienced attorneys, you will be able to prepare yourself to give an effective testimony.

1. Be Respectful. Always address the Judge as “Your honor” “Sir” ”Ma’am” or “Judge.”

For single dads that aren't used to having their children on a daily basis, summertime will present unique challenges. These challenges can be difficult to deal with if they are not properly planned for, creating stress and strife in what should otherwise be a summer of parent/child bonding. The best way to properly plan for a child's summertime visit is for a parent to take a closer look at their child's schedule and then compare it to their own. There will be some conflicts that need to be addressed since work doesn't let out for the summer. These are the factors you need to consider before summer kicks off.

Is property purchased primarily with non-marital funds and initially deeded to one spouse considered non-marital property? These are the types of issues that come up all of the time in family law. It is part of equitable distribution. People are constantly wondering whether something belongs to the individual or to the married couple. As with most areas like this in family law, there are often gray areas.

We start by following the Statute 61.075(5)(2), which provides that “all real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is non-marital.” Additionally, marital assets and liabilities include, “assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them. The enhancement in value and appreciation of non-marital assets resulting either from the efforts or of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both. Interspousal gifts during the marriage. All vested and non-vested benefits, rights, and funds accrued during the marriage and retirement, pension, profit sharing, annuity, deferred compensation, and insurance plans and programs.” Florida Statute 61.05(5)(1)(a)-(c).