A Law Career

Is Your Divorce Going to Trial? What to Know about Divorce Depositions

by Ruby Mckinney

Are you being asked to give a deposition as part of your divorce before it goes to trial? If so, here are a few things that you should know about this part of the process. 

When a Deposition Is Necessary

A deposition is not always required in a divorce, but it is sometimes necessary when a lawyer wants to establish facts about the divorce before starting the trial. It is common to be asked various questions about finances and accounts that you hold, any health issues you are experiencing, parenting questions, or questions regarding fault over the divorce. While it may seem weird to be asked these questions in a deposition, know that it is a normal part of the process.

Why a Deposition Is Used

A lawyer has the option to either request a deposition or have you form a written response. This may leave you wondering why it was decided to do a deposition in your situation. Sometimes, the lawyer of your spouse wants to ascertain how you will behave in a courtroom setting, and a deposition gives them insight into how you will answer questions and react to them. The lawyer may even change their strategy when it comes to how they question you in the actual divorce trial. 

A lawyer may even be looking for inconsistencies in your responses. A written response allows you to think about your answer when forming a response, which allows you to carefully choose your words. A deposition requires an immediate response, which may be more off the cuff as a result. Know that the transcript of your deposition can be used in the trial, so you must think about what you say in a deposition while knowing it can be used against you later. 

What Can Happen During a Deposition

Your divorce attorney can help you during your deposition since their main role is to object to questions that you are asked to answer. Your lawyer may even advise you to pause before you answer a question so that they're able to think about it and potentially object to it. Your lawyer cannot coach you through answering questions or answer a question on your behalf. Your lawyer can also prevent you from being badgered during a deposition, which would be if they feel the other lawyer is antagonizing you with their questioning or trying to provoke some sort of emotional response from you.