Divorces are never easy, and the process can become even more complicated when there are business interests involved. If you're a business owner going through a divorce in New York, you may be wondering, among other things, whether your business partner can be deposed as part of the proceedings. In this post, we'll explore the circumstances under which a business partner may be deposed in a New York divorce and what issues they may be deposed about.
In New York, depositions are a legal process used to gather evidence and information in a divorce case. Depositions involve taking testimony under oath from individuals who may have relevant information about the issues in the divorce. While it's not common for business partners to be deposed in a divorce, it can happen if they have information that is relevant to the divorce case – particularly as to the value of the business or your ownership interest in the business.
One issue that may require the involvement of a business partner is business assets. If your soon-to-be ex wants to dig into your business dealings and related value, then your business partner may have information about the business's assets, debts, income, and financial records. In this case, your business partner may be deposed to provide testimony and be subpoenaed to produce documents related to these issues.
Another issue that may involve your business partner is spousal support or maintenance. If you're seeking spousal support (known as maintenance), your business partner may have information about your earning capacity, work history, and financial situation. He or she may be deposed to provide testimony related to these issues.
Lastly, if you and your spouse have children together, your business partner may have information about your parenting abilities, relationship with your children, amount of time at work, and financial situation. They could be deposed to provide testimony related to child custody and support.
It's important to note that your business partner would only be deposed if they have relevant information that is necessary for your divorce case. If your business partner doesn't have any relevant information, they may not be required to participate in the deposition and a good litigation attorney may be able to stop it.
You may want to obtain information or evidence from your business partner, if you think it will help you. But it’s important to consider the potential costs and benefits of involving your business partner in the divorce proceedings. You don’t want to invite your soon-to-be ex into your business dealings, if you don’t have to. And depositions can be time-consuming and expensive, so it's important to consult with your attorney and weigh the potential benefits and costs of involving your business partner in the divorce proceedings.
In conclusion, while it's not common for business partners to be deposed in a divorce case, it can happen if they have relevant information that is necessary for the divorce proceedings. If you're a business owner going through a divorce in New York and you're unsure whether your business partner can or should be deposed, or whether your spouse should be allowed to obtain financial documents and other business records, then it's important to consult with an experienced divorce attorney with experience in litigating such matters and issues, who can guide you through the process and help you understand your rights and options.
When matrimonial disputes arise, it is essential to choose an attorney with the appropriate experience and expertise to handle the specific nature of your conflict and your related assets. When business and assets are at stake in your divorce, then you want a litigation attorney skilled and experienced in divorce law and litigating complex financial assets, such as Business Litigation, to ensure that you receive the best possible representation throughout the divorce. This is your business and livelihood at stake.
If you are facing similar concerns or if you have questions about your divorce, please feel free to contact us here. We have many years of experience handling such matters and will be able to assist you in resolving the financial disputes.