HELP! How Do I Prepare for a Divorce Deposition?

When you are in the process of a divorce, your spouse’s attorney may send a notice to your attorney that they intend on taking your deposition. A deposition notice will tell you when and where you are to appear and what, if anything, you are to bring with you. Your attorney will likely work with you to make sure you are prepared for your divorce deposition, as preparation if very important.

People present at your deposition will be your attorney and your spouse’s attorney. Your spouse may be there as well. If there are any other attorneys involved in your divorce case, such as a Child Representative or a Guardian Ad Litem, they will also likely be present if your deposition will include questions about the children. There will also be a court reporter who will take down every word that is said by anyone in the room during the deposition period. A typical divorce depositions can last up to 3 hours.

A Judge does not attend the deposition and will not even review the deposition transcript unless called upon to do so by one of the attorneys. The procedure itself is straightforward. After everyone is seated and ready, the court reporter will ask you to raise your right hand and take the oath. The attorneys in the room will then take turns asking you questions, but most, if not all, questions to you will be from your spouse’s attorney. The court reporter will record everything said by all in the room. This record will later be made into a typed, word-for-word transcript of the questions asked and the answers given during the deposition. Depositions can seem very informal, but you cannot let the informality mislead you. Depositions are vitally important, and what you say will be used at trial.

Depositions Help Reveal Useful Testimony and Evidence

Testimony Under Oath

10 Helpful Tips When Participating in a Divorce Deposition

Tip 1: Pause and think before answering.

Tip 2: Never volunteer information.

Tip 3: Make sure you understand the question.

Simply say that you do not understand the question. If something interferes with your ability to hear a question, insist that the full question be repeated to you so you have a full understanding of what is being asked. You have an absolute right to ask for clarification of a question at any time. This does not mean that you should be over-technical or picky about every question. But if a question is ambiguous or unintelligible, insist that it be repeated or restated in terms that you can clearly understand.

Tip 4: If you don’t remember, say you don’t remember.

Tip 5: Don’t guess when responding to a question.

Tip 6: Always read the fine print.

Tip 7: Ignore the silent treatment.

Tip 8: Stick to your answer.

Tip 9: Listen for objections.

Tip 10: Reviewing the deposition transcript.

Before you testify in a divorce deposition, be sure to consult with an experienced divorce lawyer to help navigate through the process and protect your interests. Contact Anderson and Boback today for a confidential consultation and get answers to your questions including preparing for a divorce deposition.


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