Affadavit vs deposition?

North Carolina Divorce Law Divorce and Separation Answers
1

An affidavit or a deposition will not allow you to get his testimony in court unless the other side agrees. The court will not accept an affidavit or a deposition above the objection of the opposing party.

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2

If you want your son heard in court you have to decide how far you will go. Have your attorney call your exs attorney and submit to the court you want your sons testimony heard. We did depositions but since you have only one the cost should not be that much. If this will help your case alot then you should consider filing for this. If your case is soon, consult with your attorney fast. You have to decide if it’s worth it or not.

Good Luck

3

I am going to court soon to reach a property settlement. The divorce is already final. My adult son is a Marine and will be deployed overseas when my court date will come up. I want him to give a statement that will be admissable in court. My question is will an affidavit or a depostion be best or is there any real legal advantage with either one? I really don’t want to spend the time and money that a deposition will incur so the affidavit seems the best financially. But will that hurt my case if I go with the affidavit? I do want my son’s words to help my case in the best way possible.
Thank you for your consideration.

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