Examination Before Trial ( Deposition)

[RCiancia]

What is the name of your state? New York

I am in the process of getting a divorce in NY, (almost 8 months since I moved out) and I have to attend an Examination Before Trial or Deposition at my lawyers office. Can you tell me what this is about and what kind of questions to expect. I understand it is an Income finding exercise.. but not sure. I dont expect that my case would actually make it to trial.. thats why I am surprised..

My ex and I are not aon good terms and we have not worked out nitty gritty details yet... Can you help ?

[I AM ALWAYS LIABLE]

Originally posted by RCiancia
What is the name of your state? New York

I am in the process of getting a divorce in NY, (almost 8 months since I moved out) and I have to attend an Examination Before Trial or Deposition at my lawyers office. Can you tell me what this is about and what kind of questions to expect. I understand it is an Income finding exercise.. but not sure. I dont expect that my case would actually make it to trial.. thats why I am surprised..

My ex and I are not aon good terms and we have not worked out nitty gritty details yet... Can you help ?

My response:

What more can we tell you that your own attorney hasn't already said to you? You did ask your attorney, correct?

IAAL

[RCiancia]

Part of the problem is that my attorney hasn't told me much. Just told me to provide all this documentation, which I did and said I will be asked questions in front of a court reporter... What I dont understand is why this is necessary and if it is normal.

any info is helpful

Thanks

[stealth2]

It is most definitely normal. It's a part of discovery - your wife and her attorney are looking for your sources of income.

[RCiancia]

thank you for the information. Thankfully.. I have nothing to hide.. so they wont find anything they dont know about. What I find strange is it is being held in my lawyers office.. I would think if my wife's attorney ordered it, it would be in her offices.. No one has told me this officially, but some have said that I am paying for it, if it is in my lawyers office.

[stealth2]

Well, you're certainly paying for your lawyer's time. If her lawyer ordered it, she's probably paying for the court reporter.

[RCiancia]

Well, I had my deposition yesterday. 2.5 hours of questions about my finances, etc. Then my wife went and she made a major error. My lawyer found that she transfered 5000 to her savings account and when asked where it came from, she said it was EXTRA MONEY she received from me for child support.... Even her lawyer cringed... next thing I now, she is saying she paid her lawyer 15K for the case so far, which is ridiculious..my lawyer ordered a copy of the checks and the itemized bill , etc..
Next thing her lawyer says lets settle.. no need to go to trial.. I would say it was a good day for me... Tomorrow is compliance conf in court.. and state we are done with discovery.. I say it will settle very soon..

Any thoughts out there on my wifes mistake ??