The method includes sworn testimony taken outdoors of court docket. It is a essential pre-trial process the place a witness solutions questions underneath oath, offering a file of their statements. This testimony can be utilized later in court docket, both to help a celebration’s case or to problem a witness’s credibility. For instance, throughout a separation continuing, one celebration could undergo this course of and be questioned by the opposing celebration’s legal professional about belongings, revenue, or different related issues pertaining to the dissolution of marriage.
This step affords important advantages, guaranteeing transparency and facilitating settlement negotiations. It gives each events with a chance to assemble data, assess the power of the opposing aspect’s claims, and put together their very own case extra successfully. Traditionally, this methodology of proof gathering has been instrumental in leveling the taking part in discipline, guaranteeing that even these with out intensive assets can entry the data wanted for a good listening to.
Having outlined this authorized process and highlighted its significance, it’s useful to discover the precise forms of questions that may be requested, learn how to put together for this course of, and the strategic implications of the solutions given. Additional dialogue will tackle widespread objections raised throughout this course of and the potential penalties of offering false or deceptive data.
1. Sworn Testimony
Sworn testimony constitutes a elementary aspect inside the deposition course of in divorce instances. The veracity and accuracy of this testimony are paramount, shaping the trajectory of the authorized proceedings.
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Basis of Proof
Sworn testimony gives the foundational proof upon which authorized arguments are constructed. As an illustration, statements made underneath oath relating to asset valuation or parental health function direct proof introduced to the court docket. The implications are important, as inaccuracies can undermine a celebration’s case and affect the result of the divorce settlement.
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Credibility Evaluation
The method permits attorneys to evaluate a witness’s credibility earlier than trial. Observing demeanor, consistency in responses, and responsiveness to questioning present invaluable insights. If a witness hesitates or contradicts earlier statements, it casts doubt on their reliability, impacting the load the court docket offers to their testimony. That is pivotal in instances involving contested baby custody preparations, the place the veracity of every dad or mum’s claims is critically evaluated.
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Impeachment Instrument
Sworn testimony serves as an impeachment software throughout trial. If a witness’s trial testimony deviates from their deposition statements, the prior sworn testimony can be utilized to problem their credibility. For instance, if a celebration claims at trial they have been unaware of a hidden asset, however their deposition reveals in any other case, the prior testimony turns into highly effective proof of dishonesty. This mechanism safeguards the integrity of the authorized course of and discourages perjury.
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Binding Impact
The solutions given have a binding impact on the person offering it. Ought to they supply false statements they are often held answerable for perjury. That is vital as a result of if a person is uncertain about a solution they need to state they’re uncertain as a substitute of mendacity. This could have an effect on not solely the witness however doubtlessly the lawyer bringing the case as nicely.
In abstract, sworn testimony inside the deposition course of features as a cornerstone of proof, a mechanism for credibility evaluation, and a software for impeachment. Its binding nature underscores its essential function in guaranteeing the integrity of dissolution proceedings.
2. Pre-trial Discovery
The method is an integral part of pre-trial discovery in divorce proceedings, serving as a major methodology for acquiring data from events and witnesses earlier than a trial commences. Pre-trial discovery goals to make sure transparency and equity by enabling either side to assemble pertinent details, paperwork, and potential proof. This foundational stage straight influences the scope, technique, and supreme consequence of the divorce case. The process permits attorneys to discover claims, assess credibility, and put together successfully for potential challenges introduced in the course of the trial section. As an illustration, in a posh divorce involving important belongings, the pre-trial course of could uncover hidden accounts or discrepancies in monetary disclosures. This data shapes the authorized technique and types the idea for additional investigation.
The utilization of depositions as a part of pre-trial discovery affords a definite benefit over different discovery strategies, akin to interrogatories or doc requests, as a result of it permits for real-time questioning and follow-up. An legal professional can adapt the road of inquiry primarily based on the deponent’s responses, uncovering beforehand unknown data or exposing inconsistencies. Moreover, the chance to watch the demeanor of the witness is invaluable, offering insights into their credibility and potential as a trial witness. Contemplate a state of affairs the place a partner alleges infidelity; a deposition of the alleged paramour can yield essential admissions or denials, which might then be corroborated via different discovery strategies. The power to instantly assess the witness’s response to delicate questions is a bonus distinctive to this methodology.
In abstract, depositions will not be merely a procedural step in divorce litigation, however a essential software inside the broader framework of pre-trial discovery. They facilitate data gathering, expose potential weaknesses in opposing claims, and allow a extra complete understanding of the details at situation. The effectiveness of this method hinges on thorough preparation, strategic questioning, and the power to adapt to sudden revelations. Although challenges exist, akin to witness reluctance or evasiveness, its strategic benefits stay paramount in navigating the complexities of divorce litigation.
3. Info Gathering
The process serves as a structured methodology for data gathering inside divorce proceedings. The method gives a mechanism to accumulate detailed accounts, details, and insights straight from concerned events and witnesses. This acquisition of knowledge is essential for understanding the nuances of the case, together with monetary belongings, marital conduct, and parental health. As an illustration, if one celebration suspects the opposite of hiding belongings, a correctly executed session can reveal beforehand undisclosed monetary data, thereby guaranteeing a extra equitable division of property. This stage within the continuing permits attorneys to assemble an entire image of the marital panorama.
The influence of knowledge collected extends past the instant scope of the authorized matter. The small print obtained usually inform subsequent negotiation methods, settlement affords, and trial preparations. In instances involving baby custody disputes, data regarding every dad or mum’s capability to supply a steady and nurturing atmosphere is paramount. If a celebration possesses substance abuse points or a historical past of home violence, a session can carry these issues to mild, influencing selections relating to parental rights and visitation schedules. One of these data gathering usually reveals potential areas of vulnerability, which could be leveraged to safe a extra favorable consequence. Thorough planning will increase the effectiveness of the testimony assortment course of.
Efficient assortment of knowledge is a necessary cornerstone for profitable divorce litigation. The method facilitates a deeper comprehension of the factual underpinnings of the case, guiding authorized technique and selling truthful resolutions. Challenges in acquiring candid and truthful data exist, requiring expert attorneys to make use of focused questioning strategies. The intersection between the structured procedures and the objective of complete data gathering defines its important function in guaranteeing equitable outcomes for all events concerned in a divorce continuing.
4. Witness Examination
Witness examination types an indispensable part inside the process throughout divorce proceedings. The chance to query a witness underneath oath, previous to trial, permits attorneys to elicit pertinent data, assess credibility, and formulate their authorized technique. Efficient examination strategies can reveal essential particulars relating to marital belongings, spousal conduct, or parental health. As an illustration, via cautious questioning, an legal professional may uncover undisclosed monetary holdings, inconsistencies in a witness’s prior statements, or proof of conduct that impacts baby custody preparations. This examination course of serves to each make clear present data and uncover new proof related to the divorce case. Improper or poorly deliberate witness examination could end in failure to assemble vital details which can be utilized within the trial.
The sensible significance of understanding the witness examination course of lies in its capability to affect negotiation outcomes and trial technique. Properly-prepared attorneys leverage the testimony to achieve leverage throughout settlement negotiations, presenting a transparent and compelling case primarily based on the data obtained. Contemplate a state of affairs the place a partner alleges home abuse. A radical examination of the alleged sufferer, witnesses, and the accused can present essential proof to help or refute the declare. The transcript of this examination can then be used throughout settlement discussions or introduced to the court docket throughout trial, considerably impacting the willpower of spousal help, baby custody, and property division.
In conclusion, witness examination shouldn’t be merely a procedural formality; it’s a strategic software that straight impacts the trajectory of a divorce case. Its success is determined by meticulous preparation, insightful questioning strategies, and a radical understanding of the principles of proof. Whereas challenges akin to uncooperative witnesses or complicated factual situations could come up, the power to successfully look at witnesses in the course of the deposition section is crucial for reaching a simply and equitable consequence in divorce proceedings.
5. File Creation
The creation of a complete and correct file is a defining attribute inside the deposition course of throughout divorce litigation. This file serves as a everlasting account of the sworn testimony, preserving the statements of witnesses for later use in settlement negotiations or at trial. The significance of thorough file creation can’t be overstated, because it gives a dependable supply of knowledge for all events concerned and the court docket.
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Verbatim Transcription
A elementary side of file creation is the verbatim transcription of all questions and solutions in the course of the continuing. This ensures an correct illustration of the witness’s statements, with out interpretation or alteration. The transcript serves as an official file of the testimony, which could be referenced in subsequent authorized proceedings. For instance, any discrepancies between the deposition transcript and a witness’s trial testimony can be utilized to problem their credibility.
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Exhibit Documentation
Any paperwork or displays introduced in the course of the session are usually marked, recognized, and included as a part of the file. This may occasionally embrace monetary statements, emails, pictures, or different related supplies. Correct documentation of displays ensures that the court docket and all events have entry to the identical data and might perceive the context of the witness’s testimony. In a divorce case involving complicated monetary belongings, the inclusion of monetary statements and associated paperwork is crucial for correct property division.
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Video Recording (Non-compulsory)
Whereas not at all times required, video recording can present an extra layer of documentation. Video captures not solely the phrases spoken but additionally the demeanor and physique language of the witness, which could be invaluable in assessing credibility. Nevertheless, using video recordings could also be topic to particular court docket guidelines and require prior discover to all events. Seeing a witness’s response to sure questions can present insights {that a} written transcript alone can not convey, particularly in emotionally charged instances.
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Official Certification
To make sure the integrity of the file, the deposition transcript is often licensed by the court docket reporter or different certified skilled who administered the oath and recorded the testimony. The certification confirms that the transcript is an correct and full file of the continuing. This certification lends credibility to the file and makes it admissible as proof in court docket. With out correct certification, the transcript could also be topic to problem and deemed inadmissible.
The aspects of file creation inside the deposition course of collectively guarantee a dependable and correct account of the sworn testimony. The verbatim transcription, exhibit documentation, non-obligatory video recording, and official certification contribute to a complete file that may considerably affect the result of a divorce case by offering a reliable supply of knowledge for all events and the court docket.
6. Authorized Technique
A rigorously conceived authorized technique dictates the method to the method in dissolution proceedings. The choice of witnesses, the scope of questioning, and the supposed use of the testimony at trial are all pushed by strategic issues. A profitable authorized technique acknowledges that the method shouldn’t be merely a fact-finding train, however a vital alternative to form the narrative of the case. As an illustration, if the authorized technique includes demonstrating monetary misconduct, a deposition may give attention to uncovering hidden belongings or questionable transactions. The framing of questions and the pursuit of particular strains of inquiry are all tactical selections designed to advance the general authorized targets.
The effectiveness of this authorized technique hinges on meticulous preparation and a deep understanding of the relevant legal guidelines and guidelines of proof. Previous to a deposition, attorneys should conduct thorough investigations, collect related paperwork, and anticipate potential challenges to their questioning. Strategic selections have to be made relating to whether or not to aggressively problem a witness’s testimony or to undertake a extra conciliatory method geared toward eliciting particular admissions. Moreover, it’s crucial to contemplate the potential influence of the deposition on settlement negotiations. A powerful efficiency in the course of the process can considerably improve a celebration’s bargaining place, resulting in a extra favorable consequence. Contemplate a custody battle; if the authorized technique facilities on demonstrating the opposite dad or mum’s unsuitability, the deposition could give attention to cases of neglect, substance abuse, or emotional instability.
In abstract, authorized technique is an indispensable aspect of the method in divorce instances. The deposition serves as a key battleground within the bigger authorized battle, and the result can have a big influence on the ultimate decision. Although challenges exist, akin to uncooperative witnesses or sudden revelations, a well-defined technique, coupled with skillful execution, is crucial for reaching a shopper’s aims in divorce litigation. The cautious interaction between strategic planning and efficient execution defines the success or failure of a celebration’s authorized place in court docket.
7. Potential Proof
The method in divorce proceedings serves as a vital supply of potential proof for subsequent hearings or trials. The knowledge obtained throughout this stage can considerably form the authorized technique and consequence of the case.
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Direct Testimony
Statements made by a witness present direct proof of details related to the divorce. As an illustration, a partner’s testimony concerning the different partner’s revenue, belongings, or infidelity can function direct proof in figuring out alimony, property division, or baby custody. Such testimony holds appreciable weight and is commonly central to the court docket’s selections.
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Impeachment Materials
Inconsistencies between a witness’s deposition testimony and their later statements at trial can be utilized to question their credibility. If a witness contradicts their earlier statements, the prior deposition testimony could be launched as proof of untruthfulness. This ensures that witnesses are held accountable for his or her sworn statements and discourages perjury.
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Admissions Towards Curiosity
Statements made by a celebration in the course of the session which are antagonistic to their very own pursuits could be admitted as proof in opposition to them. For instance, an announcement by a partner admitting to hiding belongings or participating in misconduct can be utilized by the opposing celebration to strengthen their case. Such admissions are extremely persuasive and might have a big influence on the court docket’s rulings.
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Reveals and Paperwork
Paperwork, pictures, and different displays introduced or recognized in the course of the course of turn into a part of the evidentiary file. These displays can present corroborating proof to help or contradict a witness’s testimony. As an illustration, monetary statements, emails, or textual content messages can be utilized to confirm revenue, belongings, or communication patterns between events, thereby substantiating claims made in the course of the listening to.
The potential proof derived from the process performs a essential function in shaping the authorized panorama of a divorce case. The gathered statements, impeachment supplies, admissions in opposition to curiosity, and documented displays collectively function important instruments for attorneys to construct compelling arguments and safe favorable outcomes for his or her shoppers.
8. Beneath Oath
The requirement to supply testimony underneath oath constitutes a cornerstone of the method inside divorce proceedings. This solemn affirmation introduces a degree of accountability that straight impacts the admissibility and credibility of the data introduced.
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Truthfulness Requirement
Swearing to inform the reality compels deponents to supply correct and sincere responses. This stipulation considerably reduces the probability of misrepresentations or fabrications, as false statements made underneath oath carry authorized penalties, together with perjury prices. For instance, if a celebration underneath oath misreports their revenue or conceals belongings, this constitutes a violation that may result in extreme penalties. This requirement ensures the integrity of the data gathered in the course of the deposition.
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Authorized Ramifications
The act of offering testimony underneath oath topics the deponent to authorized scrutiny. Attorneys can problem the veracity of statements and introduce proof to contradict the testimony. This heightened degree of accountability encourages cautious consideration of responses and deters exaggeration or distortion of details. A celebration who exaggerates the extent of marital discord or falsely accuses the opposite celebration of misconduct dangers being challenged and doubtlessly dealing with authorized repercussions.
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Credibility Evaluation
Testimony offered underneath oath permits attorneys to evaluate a witness’s credibility earlier than trial. The deponent’s demeanor, consistency in responses, and willingness to reply questions honestly present invaluable insights into their reliability. A witness who hesitates, avoids direct solutions, or seems evasive could also be perceived as much less credible, impacting the load given to their testimony. That is significantly vital in divorce instances involving contested baby custody or asset division.
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Admissibility of Proof
Sworn testimony is mostly admissible as proof in court docket, offered it meets sure evidentiary requirements. Unsworn statements, then again, are usually thought-about rumour and are inadmissible. This distinction underscores the importance of the oath in establishing the authorized validity of the deposition transcript. With out the oath, the testimony lacks the mandatory basis to be introduced as proof in a trial or listening to.
These aspects reveal the central significance of the oath inside the course of. By compelling truthfulness, exposing deponents to authorized ramifications, enabling credibility evaluation, and guaranteeing admissibility of proof, the requirement of offering testimony underneath oath elevates the reliability and significance of this stage in divorce litigation. The results of violating the oath function a strong deterrent in opposition to dishonesty, safeguarding the integrity of the authorized course of.
9. Truthfulness required
The elemental precept of truthfulness is intrinsically linked to the method in divorce proceedings. The integrity and validity of all the course of rely upon the veracity of the statements made underneath oath. The authorized system’s capability to manage justice pretty hinges on the accuracy and completeness of the data offered throughout this essential stage.
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Authorized Sanctions for Perjury
The duty to supply truthful testimony in the course of the course of is bolstered by the specter of authorized sanctions for perjury. Knowingly offering false data underneath oath constitutes a prison offense, subjecting the deponent to potential fines, imprisonment, and harm to skilled fame. If, for instance, a person deliberately misrepresents their monetary belongings to attenuate spousal help obligations, they threat being charged with perjury, which might considerably influence the result of the divorce and result in additional authorized troubles. This serves as a strong deterrent in opposition to dishonesty.
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Influence on Credibility
Truthfulness straight influences a witness’s credibility earlier than the court docket. If a deponent is discovered to have offered false or deceptive statements in the course of the process, their whole testimony could be referred to as into query. The court docket could disregard their statements altogether or assign much less weight to their claims, doubtlessly undermining their case. A partner who’s caught mendacity about their marital historical past or their relationship with their youngsters could face a big lack of credibility within the eyes of the decide.
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Moral Obligations of Authorized Counsel
Attorneys have an moral obligation to make sure the truthfulness of their shoppers’ testimony. Authorized counsel can not knowingly current false proof or take part within the concealment of related data. If an legal professional turns into conscious that their shopper has offered false testimony, they’re ethically sure to take corrective motion, which can embrace withdrawing from the case. This moral duty additional reinforces the significance of honesty in the course of the course of.
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Discovery of False Statements
The invention of false statements made throughout a deposition can have important penalties for the divorce case. Opposing counsel could use the false statements to question the witness’s credibility, problem their claims, or search sanctions in opposition to them. If, as an illustration, it’s found {that a} celebration hid belongings in the course of the course of, the court docket could order the hid belongings to be divided disproportionately in favor of the opposite partner. The publicity of falsehoods undermines the integrity of the authorized proceedings.
In conclusion, truthfulness is paramount within the course of inside divorce proceedings. The authorized penalties, influence on credibility, moral obligations, and potential discovery of false statements all underscore the significance of honesty and accuracy. The reliability and effectiveness of all the authorized course of are predicated on the truthfulness of the testimony given.
Continuously Requested Questions
The next questions and solutions tackle widespread inquiries relating to the process throughout dissolution of marriage proceedings. These insights intention to supply readability on this essential side of household legislation.
Query 1: What’s the major goal of a deposition in a divorce case?
The first goal is to assemble data from events or witnesses underneath oath. This pre-trial process permits attorneys to uncover details, assess credibility, and put together for potential authorized challenges.
Query 2: Who usually participates in a deposition associated to a divorce?
Individuals often embrace the deponent (the individual being questioned), attorneys representing each events, and a court docket reporter who data the testimony. In some cases, the events concerned within the divorce might also be current.
Query 3: What forms of questions could be requested in the course of the course of in a divorce?
Questions can cowl a variety of subjects related to the divorce, together with monetary belongings, marital conduct, baby custody preparations, and different pertinent points. Nevertheless, the scope of questioning is topic to authorized guidelines and objections from opposing counsel.
Query 4: What occurs if a witness gives false data in the course of the course of?
Offering false data underneath oath may end up in perjury prices, carrying potential fines and imprisonment. Moreover, it could severely harm the witness’s credibility and negatively influence their case.
Query 5: Can a deposition transcript be used as proof in court docket?
Sure, the transcript can be utilized as proof at trial. It may be used to question a witness, introduce admissions in opposition to curiosity, or current direct testimony if the witness is unavailable to testify in individual.
Query 6: How can one put together successfully for a deposition in a divorce case?
Thorough preparation is essential. This consists of reviewing related paperwork, assembly with authorized counsel to debate potential questions, and understanding the principles of proof. It is very important reply all questions honestly and keep away from hypothesis or guessing.
These FAQs present a foundational understanding of the method in divorce instances. Consulting with a certified legal professional is crucial for acquiring customized authorized recommendation tailor-made to particular circumstances.
Having addressed among the most typical questions relating to depositions, we are able to now transition to a dialogue of methods for maximizing the advantages derived from this pivotal stage of divorce litigation.
Navigating the Deposition Course of in Divorce
The profitable navigation of a deposition inside divorce proceedings hinges upon meticulous preparation, strategic execution, and a complete understanding of the authorized rules concerned. The next tips present insights into maximizing the advantages derived from this important stage.
Tip 1: Interact in Thorough Preparation: A well-prepared witness is extra possible to supply clear, constant, and credible testimony. Preparation ought to embody a overview of related paperwork, a dialogue of potential questions with authorized counsel, and an understanding of the authorized ramifications of offering false or deceptive data. Failure to adequately put together can result in inconsistencies that will undermine a celebration’s case.
Tip 2: Perceive the Scope of Questioning: Whereas the inquiry in the course of the course of could be broad, it isn’t limitless. Attorneys ought to be ready to object to questions which are irrelevant, privileged, or in any other case inadmissible underneath the principles of proof. Information of those guidelines permits one to guard in opposition to overreaching or improper questioning.
Tip 3: Present Clear and Concise Solutions: Keep away from rambling or speculative responses. Solutions ought to be direct, concise, and restricted to the precise query requested. Offering extreme data can open the door to additional, doubtlessly damaging, inquiry.
Tip 4: Preserve Composure and Professionalism: The method generally is a disturbing and emotionally charged expertise. It’s essential to stay calm, respectful, {and professional} all through the questioning. Emotional outbursts or defensive conduct can negatively influence credibility.
Tip 5: Hear Fastidiously to Every Query: Earlier than answering, guarantee an entire understanding of the query being posed. If uncertain, request clarification. Answering a query that isn’t totally understood can result in unintended penalties.
Tip 6: Right Any Misstatements or Errors: If, after offering a solution, it turns into obvious {that a} misstatement or error was made, promptly right it. The failure to rectify errors could be construed as a scarcity of candor and can be utilized to undermine credibility.
Tip 7: Seek the advice of with Authorized Counsel Earlier than Answering Privileged Questions: If a query doubtlessly infringes upon a authorized privilege (e.g., attorney-client privilege), seek the advice of with authorized counsel earlier than answering. Untimely disclosure of privileged data may end up in a waiver of that privilege.
Adherence to those tips can considerably improve a celebration’s capability to successfully navigate the method and shield their pursuits in a divorce continuing. The strategic significance of preparation and consciousness of authorized rules can’t be overstated.
With the following tips in thoughts, it turns into important to contemplate the potential pitfalls and customary errors that may undermine even probably the most rigorously deliberate technique.
Conclusion
This exploration of what’s deposition in divorce reveals its integral function inside authorized proceedings. This sworn testimony taken outdoors of court docket serves as a essential instrument for gathering data, assessing credibility, and establishing a factual file. The method ensures transparency, facilitates knowledgeable negotiation, and empowers events to current their instances successfully earlier than the court docket. The authorized implications are appreciable, with adherence to truthfulness being paramount and the potential for extreme penalties ought to false statements be made.
The meticulous nature of getting ready, the strategic issues concerned in questioning, and the potential ramifications of testimony underscore its significance. The authorized professionals and people navigating dissolution proceedings acknowledge the significance of understanding its complexities and fascinating with it strategically. The continued utility of this authorized software stays important to reaching equitable resolutions in divorce instances, shaping outcomes for all events concerned, and serving to set up a clear authorized process in divorce.
