Spouse Wants to Despose My Employer

[fedup53]

What is the name of your state (only U.S. law)? California

My spouse's attorney wants to depose my employer (HR) in our divorce case, even though they already provided them with financial records (ie, salary, stock options, etc). Can I prevent this from happening?

 

[LdiJ]

What is the name of your state (only U.S. law)? California

My spouse's attorney wants to depose my employer (HR) in our divorce case, even though they already provided them with financial records (ie, salary, stock options, etc). Can I prevent this from happening?

Yes, of course you can, you can prevent it by coming to a settlement with your spouse.

Otherwise, I don't think that you have any power to stop the deposition, but you employer probably does. That however won't necessarily endear you to your employer.

 

[mistoffolees]

Yes, of course you can, you can prevent it by coming to a settlement with your spouse.

Otherwise, I don't think that you have any power to stop the deposition, but you employer probably does. That however won't necessarily endear you to your employer.

Depending on the situation, OP's attorney may be able to stop it. If there's no relevance to the employer's deposition, the judge may rule that it's not necessary, but I'm not sure how likely that is.

 

[Ohiogal]

Actually the employer can be deposed. There are many reasons for it. Kate Walsh's employer is being deposed in her divorce trial for purposes of determining future earnings.

 

[mistoffolees]

Actually the employer can be deposed. There are many reasons for it. Kate Walsh's employer is being deposed in her divorce trial for purposes of determining future earnings.

Yes, they can - when there's a legitimate reason for it. But that doesn't mean the employer (or the stbx) can't challenge it. My ex tried to drag in my employer but my attorney was successful in blocking it.

If the reason given is not particularly valid, I would challenge it. You might lose, but it might be worth a try. At the very least, you could then tell your employer that you TRIED to keep them out of it.

 

[fedup53]

My employer already produced a ton of docs re: financials, etc. We/they aren't trying to hide the ball. I just don't want my boss/HR to have to spend a day at a deposition when all relevant information has been given to the other side. I feel like it's harassment.

Mistoffolees, do you know how your attorney blocked it?

Thanks, everyone.

 

[mistoffolees]

My employer already produced a ton of docs re: financials, etc. We/they aren't trying to hide the ball. I just don't want my boss/HR to have to spend a day at a deposition when all relevant information has been given to the other side. I feel like it's harassment.

Mistoffolees, do you know how your attorney blocked it?

Thanks, everyone.

Via a motion to quash the subpoena. The other side will have to explain why your employer's testimony is relevant and you will have to explain why it's not relevant.

Why are they deposing your employer? Do they think that the information the employer provided is wrong or are they fishing for wrong-doing?

I don't want you to quickly get your hopes up. If they're looking for something work related which isn't in the documents, they are going to have the right to depose your employer. For example, if stbx has reason to believe that you're in line for a big bonus or promotion, that wouldn't be in the docs but might be relevant in a divorce.