Cases of divorce can be paramount in someone’s life, and the stress or hardships might double if the other party is prone to conflict. If you are facing the struggles of a high-conflict divorce, a Harris County high-conflict divorce attorney can help. Through the strategic use of depositions in a high-conflict Harris County divorce, the experienced high-conflict divorce lawyers at Stange Law Firm, PC will help you navigate these turbulent times.
High-conflict divorce can be considered any divorce case where there is extreme hostility, charged emotions, or little to no productive communication. These conflicts can make divorce proceedings even more stressful, prolonging litigation over child custody, finances, and assets. It is wise to get legal help right away in a high-conflict divorce to avoid impacting the long-term well-being of either party or any children involved.
Deposition and Divorce in Texas
The use of a deposition in a divorce can be helpful to gather facts and evidence, especially when one party might be unwilling to cooperate or be fully honest. A deposition is used to obtain a sworn, out-of-court testimony in the discovery process of a trial. Testimony gathered from a deposition will be used to prove your case, so it is crucial for you to have strong, award-winning representation on your side.
With the help of your high-conflict divorce attorney, each step of the deposition will be handled with the utmost care. Your Harris County lawyer can guide you through:
- The production and delivery of relevant or requested documents
- Preparing for the actual deposition, including do’s and don’ts
- Correcting any mistakes in the deposition within 20 days of receipt
Per Texas Rules of Civil Procedure (TRCP), the requesting party must provide proper notice within a reasonable timeframe for deposition, the deponent has the right to object to the details of the deposition, and initial evidence must be handed over before or early into the deposition. The Rules of Civil Procedure in Texas are in place to protect both parties’ best interests as well as to encourage quicker resolution to depositions, especially in the case of high-conflict Harris County divorce.
The Do’s and Don’ts of Deposition
Legally, per the TRCP, Rule 199, a notice of intent to take an oral deposition is to be served to the witness in a reasonable time prior to the deposition taking place. While there is no exact number of days given in this rule, the general rule of thumb is five to ten days, depending on the requirements in the notice of deposition. That being said, the demand to appear for deposition should never come without proper time to prepare.
The following are some general guidelines for preparing for and attending a deposition:
- Be mindful of your appearance: Maintaining a professional and clean appearance, whether the deposition is being video recorded or not, can make a difference in how you are received by the court.
- Remain professional and concise while under deposition: Be mindful of how you speak, any non-verbal communication like facial expressions or body language, and keep brief any casual interactions with the opposition.
- Speak clearly and with intention: Think before speaking to avoid vague language or misspeaking under sworn testimony. The truth is your greatest tool during deposition. It is better to answer a question honestly and concisely than to lie or withhold facts.
- Prepare with your attorney: Especially in high-conflict divorce cases, emotions might run high and overshadow or distort the truth, or the stress might make it difficult to remember details.
- Answer honestly, but briefly: Do not interrupt, but clarify where the opposition is misrepresenting your words. Do not speak in absolutes if you are not sure.
- Remain calm: Stress can lead to inconsistent answers or impair your memory. You need a clear head to protect your case.
Your Harris County high-conflict divorce attorney will help you prepare for the deposition and help ensure your comfort and readiness for what can be a difficult or stressful moment in your life.
FAQs
What Not to Say During a Deposition?
During depositions in Texas, it is vital that you do not lie, speculate, or give more information than what is asked of you. The ideal rule of thumb in a deposition is to be honest, precise, and clear in your responses. While a deposition might be stressful or you might feel nervous, it is important to remain calm and to communicate in a professional manner.
What Personality Disorder Is Associated With High-Conflict Divorce?
While one should never generalize because correlation does not equal causation in every instance, there are common personality disorders associated with high-conflict divorce cases. Narcissistic, borderline, antisocial, and histrionic personality disorders are common among divorce cases, with a higher risk of conflict due to associated behaviors, such as emotional outbursts, manipulation, refusal to cooperate, and misrepresentation that add to evidence to be disproved.
How to Prove a High-Conflict Divorce?
As is the case in any legal case or litigation, organized and dated documentation is crucial to prove a high-conflict divorce. Keeping track of digital, written, and verbal communication, custody schedules, financial statements, and witness accounts, including those of therapists or law enforcement when necessary, are all tools that are vital in proving a high-conflict divorce case in Harris County.
What Is Considered a High-Conflict Divorce?
A high-conflict divorce is a divorce that is emotionally heightened beyond what is considered normal or safe for one or both parties’ well-being. Identifiers of a high-conflict divorce include extreme hostility, refusal to cooperate or compromise, and refusal or absence of timely or respectful communication. Issues common within a high-conflict divorce, or that can lead to a hostile environment, are divorces that involve children and/or finances.
Hire a High-Conflict Divorce Lawyer – Stange Law Firm, PC
While Texas can boast being among the lowest divorce rates in the country at 2.1 divorces per 1,000 adults, many couples are facing the process, and a high-conflict divorce case can be especially stressful. Discussing sensitive topics is difficult, and we can explore whether or not mediation is right for you in your current circumstances.
Contact us today to hire a high-conflict divorce lawyer and discuss more about the strategic use of depositions in a high-conflict Harris County divorce.