The Ultimate Guide to Depositions in Divorce Cases with Evan Schein

In this episode Susan Guthrie partners with friend and colleague, Evan Schein, leading NYC Divorce Litigator, to walk you through everything you need to know about depositions in divorce cases!
When you are trying to gather all of the information that you need in a divorce case, one tool in an attorney's toolbox is to take depositions, but what are you facing if your attorney is taking a deposition, or even more importantly, if YOU are being deposed? Top divorce litigator, Evan Schein, treats you like one of his own clients and shares with you all the critical information that you need to be prepared if depositions are going to happen in your case!
Some highlights from the episode:
The what, where, when and why of depositions in divorce cases;
Where depositions fit in the process of discovery;
Why you need to do a cost/benefit analysis when deciding to take depositions;
How to prepare for your deposition;
How depositions can help settle your case;
Evan and Susan's Top 3 Tips for depositions; and
MUCH MORE!
Sometimes you need to ask the questions and get the answers or are facing those questions under oath yourself so don't miss out on this critical episode so you know what you need to know!
More information about This week's Special Guest:
Evan Schein, Esq.
Evan is a New York City-based divorce and family law attorney, partner and the Head of Litigation at Berkman Bottger Newman & Schein LLP. During his career, Evan has litigated high-conflict custody cases and high-net worth complex financial matters involving hedge funds, businesses, real estate, sports, entertainment and more. He has helped clients find post-divorce happiness and build successful financial lives, advocated to protect children and fought for the rights of victims of domestic violence. Evan is the host of the podcast, Schein On, where he and his featured guests gives an inside and unfiltered look into the world of marriage, money, divorce and more.
Get more information at: www.berkbot.com/
Email Evan: [e-mail]
Follow Evan Schein on Instagram: @evan_schein
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SUSAN GUTHRIE, ESQ., the creator and host of The Divorce and Beyond Podcast, is nationally recognized as one of the top family law and divorce mediation attorneys in the country. She is one of the Co-Chair's of the American Bar Association's DR Section Mediation Committee and is the Founder of Divorce in a Better Way which provides a curated selection of resources and information for those facing divorce and other life changes. Susan has created a website of curated resources for those facing divorce. Find out more at www.divorceinabetterway.com.
Follow Susan and the podcast on Instagram: @susanguthrieesq and @divorceandbeyond
Reach out to Susan at [e-mail]
Like the video and podcast? Let us know - leave a review!

[@jimb3093]

In my 40s, never married, no kids and I find myself watching these type videos. Divorce Corp etc….Fascinating, educational, and interesting. Now I know what a deposition is.

[@ottybb]

I’m so Bless thank you so much for the knowledge, clarity and fortunately I’m going to be Calm. Understanding this process it gives me so much Clarity. Unfortunately I was not prepared for the deposition. But so Bless for this video. Thank you so much🙏❤️. God Bless everyone.❤️😘

[@qinqin4050]

Is This a Fair Judgment?Located in San Anselmo , Marin, CA，3 bedrooms,3 bathroom, 2125 sqft.Have sun panel on the roofs, conditioning, two parking garage. There are three schools nearby. Only five to ten minutes to drive to those schools. The pice is 1.89 to 2.21 M from Zestimate. But the judge went down the pice to 1.65. Why?? Where I get the answer?? This is the fair American law??

[@anthonyburke5656]

Divorce lawyer for 30 years, gotta say this, most Divorce Judges come to each case with their mind fully made up. There is so very little “Judging” done, they read the papers and take a position, getting them to first disclose the position, then, changing as necessary that position, is the art of the practise as a Divorce lawyer. My Frank advice to about 85% of litigants is devote your energy to settlement rather than litigation, you will almost certainly get an overall better result.

[@tonycamaj4560]

Any input on move away cases and is what you describe here applicable to move away cases? Thank you!

[@anthonyburke5656]

@@tonycamaj4560 Hi Tony, I call them “Re-location” cases. I don’t know your case law on the topic. Depending on whether you’re working for the “relocating” parent or the objecting parent.the relocation is always the “custodial” parent. The real motive/s for relocation are almost infinite, but valid ones are such things as: work, housing, extended family, health. After taking a full history, it’s a matter of collecting admissible evidence, deposing it and then assessing the Responses. I have always read the cases on Hague Convention (International Recovery of Children) with interest. There are often quoted interesting Expert Opinion on the effect of various factors on children. I recall one relocation case where the Judge took the Bench and said words to the effect of “You will have to have a good case to get up on this”. I was acting for a Father seeking an Injunction against a move un-announced by the Mother but foreshadowed by the children. The current Orders were Consent Orders made after my client had succeeded in an Appeal and the matter had been remitted for Re-hearing. We obtained evidence, on subpoena, that the Mother had been negotiating the purchase of the property she now owned and was proposing to move to, while the original Tria AND the Appeal AND the re-hearing were being conducted AND hadn’t disclosed the planned re-location to the Father, the Court or the Children until after the Final Orders were consented to, then only incidentally to the children. In effect, she planned to skip, create a status-quo and stonewall. The Judge granted the Injunction, gave a Costs Order in favour of the Father and granted the Father the right to lodge a Lien on the title of the Mothers property, as security for her compliance with the Orders she had consented to being made.