Cohabitation Questions During Deposition

Deposition

 

In cases involving cohabitation with a paramour (lover) on the part of one spouse or the other, an attorney will explain the kinds of questions the spouses may be asked during deposition. It is common for your lawyer to depose your spouse while the opposing attorney takes a deposition (sworn testimony) from you.


Cases Involving Significant Others


The involvement of a paramour in the life of one spouse or the other can have significant impact on any children the divorcing spouses may have. Your Virginia divorce lawyer will advise you that introducing a live-in “boyfriend” or “girlfriend” can cause confusion, divided loyalties and emotional trauma to children and is usually considered unwise.



The Questions

Your divorce attorney may ask your spouse (or the opposing spouse’s attorney may ask you) for the following information:

  • Where you live.

  • Who else lives there and for how long.

  • Your Virginia divorce lawyer will need to know if this person shares living expenses and on what terms (how much does he/she pay, if he/she doesn’t pay, why not?).

  • Whether or not the person residing with you signed a lease agreement.

  • Your Virginia divorce attorney will need to establish whether you and the other person share a physical (sexual) relationship and if you share a bedroom as this may negate your right to alimony or spousal support in some states. It may not apply in other places.

  • If you have introduced this individual to your children and the circumstances under which such an introduction took place (if it did).

  • Your Virginia divorce lawyer will need to establish the reaction of the children to the arrangement you have with this person.

  • Whether or not your significant other also has children and whether or not they live with you, have met your children and how they relate to each other. Do they share a room when staying with you?

  • If there is resentment on the part of any of the children to each other or to the live-in arrangement.

  • Whether or not you and your significant other intend to get married and if the children know this.

  • At what point you feel your marriage began to fail and at what point the failure became irreparable.


Dissipation of Marital Assets

In some states, the question of when the marriage began to fail and when the failure became irreparable has a direct bearing on whether or not a claim of dissipation can be made and when it can be made. Your Virginia divorce attorney may define the above as the deliberate usage or expenditure of marital assets on the part of one spouse to the detriment of the other. The court may resolve this by granting the non-dissipating spouse a larger portion of the estate that is left and/or ordering the dissipating spouse to make restitution.