What questions can be asked in a deposition

[cymanca]

What is the name of your state?California

I am in the process of trying to find out if my STBXW was ever legally divorced from her first husband( see my previous thread in regards to bigamy).I have talked to an atorney who appears to be reluctant to taking the route of a deposition. Since finding out about my STBXW's past history of marriage, bigamy, affairs, pregnancies and abortion, I am obviously reeling psychologically. I want to get her on legal record as to the exact extent of her lies and deceptions for my piece of mind and closure of this nightmare. In California what , if any, are the restrictions on what questions can be asked during a divorce deposition???..... can she be compelled to answer detailed questions as to her sexual(affair) history and previous marriage???...is there ANY off limits areas as to this deposition???... Can I depose her family members that were part and parcel to coverup of this previous marriage???

If we find that she was divorced legally, do I have any recourse as to the fraud( my not very legal opnion) committed to get me to marry her. I am a religious man and early in our relationship she became aware of my strong anti-abortion stance. She knew I would not marry her if I found this out about her.

Can a polygraph test be admitted in a civil matter such as a divorce?

I thank you for your input.

 

[I AM ALWAYS LIABLE]

What is the name of your state?California

I am in the process of trying to find out if my STBXW was ever legally divorced from her first husband( see my previous thread in regards to bigamy).I have talked to an atorney who appears to be reluctant to taking the route of a deposition. Since finding out about my STBXW's past history of marriage, bigamy, affairs, pregnancies and abortion, I am obviously reeling psychologically. I want to get her on legal record as to the exact extent of her lies and deceptions for my piece of mind and closure of this nightmare. In California what , if any, are the restrictions on what questions can be asked during a divorce deposition???..... can she be compelled to answer detailed questions as to her sexual(affair) history and previous marriage???...is there ANY off limits areas as to this deposition???... Can I depose her family members that were part and parcel to coverup of this previous marriage???

If we find that she was divorced legally, do I have any recourse as to the fraud( my not very legal opnion) committed to get me to marry her. I am a religious man and early in our relationship she became aware of my strong anti-abortion stance. She knew I would not marry her if I found this out about her.

Can a polygraph test be admitted in a civil matter such as a divorce?

I thank you for your input.

My response:

A marriage may be legally dissolved in California, restoring spouses to "single" status (Ca Fam § 2300), only by (a) death of one of the parties; (b) a judgment of marriage dissolution; or (c) a judgment of nullity of marriage.

Which of the three grounds did you use for filing your Petition?

IAAL

 

[cymanca]

She filed, I anwered under B. Again this was before I found out the existence of a previous marriage

 

[seniorjudge]

"...I want to get her on legal record as to the exact extent of her lies and deceptions for my piece of mind and closure of this nightmare...."

Do you think she will testify under oath that she is a liar?

 

[rmet4nzkx]

Here is the info from your other thread, you should really put these all together.

What is the name of your state?California

How does California handle property acquired during a marriage that has proven to have a bigamous partner? My STBXW of 7 years never got a valid divorce from a previous marriage(just discovered the bigamy) and I wonder as to the impact and division of assets acquired during our marriage.

Set aside all the emotional issues of abortions, pregnancies and affairs for now, concentrate on proving the fraud by obtaining the records such as her marriage license/certificate and divorce records if they exist.

Where did the marriage take place? Where if any did the divorce occur. Are there any other things we need to know? Was this an intentional fraud or not, sometimes people think they are not married, or that they are divorced when they are not. Was this a common law marriage in a state recognizing commonlaw marriages that can confuse things even more.

Do you have children together?

You might be able to gather enough information by using the internet and/or contacting the appropriate entities for records. Depending on what you find will determine how you proceed and what your attorney may advise you to do. There may or not be a need for depositions. Also you can amend your response, but wait until your attorney advises you.

What your potential settlements are may or not be affected.

please go to http://www.leginfo.ca.gov/calaw.html for California statutes concerning Bigamy
1. EVIDENCE CODE SECTION 980-987
2. PENAL CODE SECTION 281-294
3. EVIDENCE CODE SECTION 970-973
4. PENAL CODE SECTION 777-795

 

[I AM ALWAYS LIABLE]

She filed, I anwered under B. Again this was before I found out the existence of a previous marriage

My response:

Since you didn't file a Cross-Petition under (c), then all of your concerns and questions about her are irrelevant, and will be objected to at time of deposition. California is a "No-Fault" Dissolution State. Therefore, the court doesn't care about your moral or religious beliefs.

Your questions can only be concerning property division, child support and/or Spousal Support issues. Because you Answered and failed to file a Cross-Petition, there ARE NO legal issues concerning the marriage itself, in your situation.

IAAL

 

[seniorjudge]

Set aside all the emotional issues

You are absolutely no fun and yes you can quote me on that!

 

[rmet4nzkx]

You are absolutely no fun and yes you can quote me on that!

And what pray tell would you tell him in a no fault state? Actually gathering the evidence can be very fun

 

[I AM ALWAYS LIABLE]

Set aside all the emotional issues of abortions, pregnancies and affairs for now, concentrate on proving the fraud


My response:

What the hell are you talking about? He can "concentrate" all he wants, but he failed to file a Cross-Petition under item (c), above. Therefore, if there's any "fraud" on her part, it's irrelevant to the current proceedings. She filed under "irreconcilable differences", and all he did was Answer the Petition.

His issues will never make it to a trial.

IAAL

 

[cymanca]

.......Your questions can only be concerning property division, child support and/or Spousal Support issues. Because you Answered and failed to file a Cross-Petition, there ARE NO legal issues concerning the marriage itself, in your situation.....

Again, since my discovery of the marriage was AFTER I anwered her petition, I assume that I can modify if and when I find definitive proof of her lack of a divorce. I would then petition for an annulment????

To get back to the main point of my question, what can I ask and what can she be compelled to answer in a deposition. While I can appreciate an attorney's position that this or that might not have LEGAL bearing , my desire to find out the COMPLETE truth is not a trivial issue.


Bottom line....can I ask the who, what , where and how and does she have to answer??

 

[rmet4nzkx]

.......Your questions can only be concerning property division, child support and/or Spousal Support issues. Because you Answered and failed to file a Cross-Petition, there ARE NO legal issues concerning the marriage itself, in your situation.....

Again, since my discovery of the marriage was AFTER I anwered her petition, I assume that I can modify if and when I find definitive proof of her lack of a divorce. I would then petition for an annulment????

To get back to the main point of my question, what can I ask and what can she be compelled to answer in a deposition. While I can appreciate an attorney's position that this or that might not have LEGAL bearing , my desire to find out the COMPLETE truth is not a trivial issue.


Bottom line....can I ask the who, what , where and how and does she have to answer??

Marriage and divorce are matters of public record, California is a no fault state it doesn't matter how many affairs she had or with whom. Can you answer some of the questions about her marriage? If you didn't know she was still married when you got married and resoonded to her petition before you gained that informaiton, then you would not have been aware of her fraud, but that is why we need to know what information you have and when you learned it.

 

[seniorjudge]

...Bottom line....can I ask the who, what , where and how and does she have to answer??

Not unless your state allows marital misconduct to be a factor in property division.

You might want to check with your attorney on whether you can amend your pleadings.

 

[cymanca]

Quote:


Where did the marriage take place? Where if any did the divorce occur. Are there any other things we need to know? Was this an intentional fraud or not, sometimes people think they are not married, or that they are divorced when they are not. Was this a common law marriage in a state recognizing commonlaw marriages that can confuse things even more:

I do not know where the marriage took place and do not know if a divorce took place. I am searching all public records in California, Arizona and Nevada, the most likely states for any marriage/divorce to have taken place. I became aware of the marriage( by an casual conversation 2 weeks ago) from mutual friends that felt I surely knew about something as important as a previous marriage by the person that I have been married to for the last 7 years.

Was this intentional fraud or not???? I think the answer is and shall remain irrelevant if you are asking HER about HER actions. She will paint it in a scenario that looks best for her. BTW there are no children in our marriage. If there are children from a previous relationship I have no knowledge of their existence. She filed for the divorce 9 months ago and I responded within the 30 day time limit.

So that I can get a response to my question, theoretically let us agree that she was married previously, that there was no legal divorce obtained,she hid that marriage from me, I have amended my petition to an Annulment(based on her uncontested bigamy) and I now have her sitting in an attorney's office for a deposition in the state of California.

NOW AGAIN, can I ask her what, when where and how and is she legally compelled to answer ALL my questions?

 

[seniorjudge]

NOW AGAIN, can I ask her what, when where and how and is she legally compelled to answer ALL my questions?

No, only those questions as to her prior marriage, i.e., when it took place, etc.

 

[cymanca]

Thanx for the info.