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Depositions

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CJane

Senior Member
What is the name of your state? Missouri

I was notified yesterday that my ex's attorney wants to do a deposition. We went through this during the divorce too, and it was 6 1/2 hours of questions like "How often did you and <exhusband> have sex?" "Do you think normal people have sex that often?" and "How often do you plan to have sex with men once you're divorced, with women?" "I understand you've written erotic stories, do you think this is something normal people do?" "If you're not Christian, is it safe to say that you often strip naked and howl at the moon?" Seriously, I'm not making this up.

Anyway, I hate to sit through another 6 1/2 hours with the guy, but I'm told that there's no option - I HAVE to go or the court will order me to go. Is this accurate? Can't we request the questions be written and then answered by me, in writing under oath, but not in the same office as the ex and his attorney? Is there any alternative?

I called the GAL this morning to set up an appointment with her, and am waiting to hear back. I also called the attorney that my step-mother is recommending to see if he'll represent me. I'm trying to keep all of the balls in the air, so to speak.

My attorney is requesting school and medical records, but only going back 12 months - we've been divorced going on 2 years, wouldn't ALL of the records since the divorce be relevant?

Once the GAL is on board and working for the kids do I NEED an attorney? How often does the judge go against what the GAL orders?
Is going Pro Se the most idiotic thing in the world if the other option is having an attorney that you don't think is actually working for you (especially if the kids have representation)?
Will it be frowned upon by the judge/GAL if I ditch counsel for financial reasons?
 


Zephyr

Senior Member
I think you should bring you attorney with you to the dep, they should have no reason to ask you again all of those types of questions, especially since they already got your answers the first time.

I really think those types of questions are a way for them to shake you up, make you feel bad about yourself, intimidate you etc.
 

CJane

Senior Member
WANNACRY said:
I think you should bring you attorney with you to the dep, they should have no reason to ask you again all of those types of questions, especially since they already got your answers the first time.

I really think those types of questions are a way for them to shake you up, make you feel bad about yourself, intimidate you etc.
My attorney will be with me, and has already told me that she'll object to anything that seems irrelevant, but that it's difficult to determine what is and is not relevant, so I shouldn't expect her to object very often.

I'm pretty sure the questions are meant to intimidate and lay the foundation for him to be presented as the God-fearing righteous Baptist boy and me to be the amoral heathen. *shrug* I wished him luck the first time he took this route, and I'll wish it to him again.
 

LdiJ

Senior Member
WANNACRY said:
I think you should bring you attorney with you to the dep, they should have no reason to ask you again all of those types of questions, especially since they already got your answers the first time.

I really think those types of questions are a way for them to shake you up, make you feel bad about yourself, intimidate you etc.
I agree that it would be best to have an attorney for the deposition, but absolutely NOT that attorney. I truly believe that you need to ditch that particular attorney asap.
 

CJane

Senior Member
LdiJ said:
I agree that it would be best to have an attorney for the deposition, but absolutely NOT that attorney. I truly believe that you need to ditch that particular attorney asap.
OH, I totally agree that I need to ditch my current attorney. I just hesitate to do so prior to having another attorney ready to represent me. Hopefully, I'll have a different attorney sitting next to me prior to the deposition taking place.

Is this incorrect thinking? Should I go ahead and fire this attorney NOW rather than later?
 

Whyte Noise

Senior Member
His attorney actually asked you:

"If you're not Christian, is it safe to say that you often strip naked and howl at the moon?" :eek: :eek: :eek:

"No, it's not safe to say that; BUT, I do go skyclad and make grunting noises once a month at circle, and my ex watched too many X-File episodes."


Sheesh!

As for the records, the only ones that are relevant are the ones since your last hearing. If that was the divorce, then yes. All of them back to the divorce. But you've done a modification since then, so only what's happened since the last modification is relevant. (I don't remember how long ago the modification was.)
 

LdiJ

Senior Member
CJane said:
OH, I totally agree that I need to ditch my current attorney. I just hesitate to do so prior to having another attorney ready to represent me. Hopefully, I'll have a different attorney sitting next to me prior to the deposition taking place.

Is this incorrect thinking? Should I go ahead and fire this attorney NOW rather than later?
It depends on how much damage this attorney might be able to do in the meantime. Sometimes a bad attorney is worse than no attorney at all.
 

brisgirl825

Senior Member
Well, it's obvious that they are going to be using morality and religion against you with that type of questioning.
If you are not Christian and are a part of any of the Goddess Traditions, I wonder if having educational materials would help, shoud the questioning go there again.
 

Whyte Noise

Senior Member
brisgirl825 said:
Well, it's obvious that they are going to be using morality and religion against you with that type of questioning.
If you are not Christian and are a part of any of the Goddess Traditions, I wonder if having educational materials would help, shoud the questioning go there again.
brisgirl825, that's an excellent suggestion. However, the truth of the matter is you can show them all of the educational materials on this earth and it's not going to change their views. People are scared of what they don't understand, and some things are engrained so deeply that no manner of explanation or educational material is going to sway or convince them otherwise.
 

CJane

Senior Member
MissouriGal said:
His attorney actually asked you:

"If you're not Christian, is it safe to say that you often strip naked and howl at the moon?" :eek: :eek: :eek:

"No, it's not safe to say that; BUT, I do go skyclad and make grunting noises once a month at circle, and my ex watched too many X-File episodes."


Sheesh!

As for the records, the only ones that are relevant are the ones since your last hearing. If that was the divorce, then yes. All of them back to the divorce. But you've done a modification since then, so only what's happened since the last modification is relevant. (I don't remember how long ago the modification was.)
Nope, no modification since.

LOL I think I'm just going to explain that no, I'm not Christian, but making any assumptions about my actual spiritual leanings/practices would only serve to make one look foolish.

Makes me feel like I should hide my gargoyle collection prior to the GAL doing the home visit. :rolleyes:

LDi ~ Definitely something to think about, thanks.

brisgirl ~ The ex doesn't care to be informed. He was married to me for 10 years and never cared WHAT I believed in until he became Baptist during the divorce. Before that, he purchased me 'spell kits' for Christmas, a beautiful athame for my birthday, etc. It's all about the appearances, yanno?

And yes, MG, he really did ask me those questions.
 

brisgirl825

Senior Member
MissouriGal said:
brisgirl825, that's an excellent suggestion. However, the truth of the matter is you can show them all of the educational materials on this earth and it's not going to change their views. People are scared of what they don't understand, and some things are engrained so deeply that no manner of explanation or educational material is going to sway or convince them otherwise.
Yes, you are correct. Especially in this Christian dominated society, it's hard for anyone to see the concept of other paths, mainly Goddess Tradition/Paganism.
However, if dad is soooo Christian, it could be said that celebrating Christmas, Easter, Halloween, etc. are Pagan Holidays, therefore he has excepted that way of life for their children.
 

Whyte Noise

Senior Member
Oh, I thought that you had done a modification since the divorce, when you moved.

Religion is a sticky point and even moreso when one of the parties doesn't practice a "traditional" religion. Trying to explain to someone that being Wiccan or Pagan isn't like "Charmed" or "Angel" or "Buffy" is like beating your head against a brick wall most times. My home isn't under constant assault from "The Source" and I'm not dispatching demons with the flick of a wrist (although, that would be a nifty trick....). It's a neat little Hollywood-ized version of Wicca but in not indiciative of the religion at all.
 

CJane

Senior Member
brisgirl825 said:
Yes, you are correct. Especially in this Christian dominated society, it's hard for anyone to see the concept of other paths, mainly Goddess Tradition/Paganism.
However, if dad is soooo Christian, it could be said that celebrating Christmas, Easter, Halloween, etc. are Pagan Holidays, therefore he has excepted that way of life for their children.
Oh, the whole holiday thing isn't even worth bringing up. The kids spend every Halloween and Christmas with this here Heathen.

What's funny is, I really DON'T follow ANY tradition. I'm just 'not Christian', yanno?
 

CJane

Senior Member
MissouriGal said:
Oh, I thought that you had done a modification since the divorce, when you moved.
No, I moved during this current modification proceeding. It's the 'other thing' that he's planning to use against me.

And while I would love to be able to turn people into toads and stuff, don't you think the FIRST person I would have tried this on is the very ex who's trying to use all of this against me?

I should start attending his church this Sunday. lol
 

brisgirl825

Senior Member
CJane said:
Oh, the whole holiday thing isn't even worth bringing up. The kids spend every Halloween and Christmas with this here Heathen.

What's funny is, I really DON'T follow ANY tradition. I'm just 'not Christian', yanno?
Yup, I totally understand. I call myself semi-atheist! I just don't know what to believe or what to think.
I just don't understand how any of this is relevant anymore. If he bought you altar tools, then he obviously was ok with it. Now that he's divorced, he wants to use it against you? I would definately argue that he had full knowlegde of your beliefs/ideas, and he even helped in your desire to experiment with different faiths.

MissouriGal, I was quite sad when I learned that High Magick didn't mean that I couldn't water into wine...*sigh* Apparently, that's just for Christians.
 

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