Affadavit vs deposition?

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.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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

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.