When a couple parts ways, things can either be smooth and easy or difficult. Unfortunately, divorces can get ugly when issues about child custody, property, and debt are in contention. When a divorce is headed for court, the attorneys must prepare for the process and that might mean a deposition. Read on to learn more about how to deal with your divorce deposition in a family law setting.
An Important Meeting
As part of trial preparation, the facts about the case must see the light of day. That means that financial disclosures, answers to questions, and documents about property, debt, and more should be shared between both sets of spouses and lawyers. A deposition is a meeting of all concerned parties in the divorce. Both you and your spouse will be called upon to answer questions about various divorce issues. Testimony provided during a divorce deposition is under oath, recorded by a court reporter, and admissible in court. Instead of a courtroom, most depositions take place in a conference room at a law firm.
Tips for Deposition Success
1. Answer questions carefully. Always allow the attorney to finish speaking before you begin to answer the question. The meaning of the question might be completely different than what you first assumed. If do you don't have an answer, say so, and never speculate or guess about anything during a deposition.
2. Stay calm, and let your attorney help you. This meeting is intimate in that only the person being deposed, the attorneys, and the court reporter are present. If you are unsure of how to react to a question, look to your attorney before you speak. Your attorney is there to ensure that you don't accidentally misspeak.
3. Remember, you are under oath. If you are not 100% honest at the deposition, you might not only harm your divorce case but be in trouble for contempt of court. With that in mind, you must be open with your attorney before the deposition gets underway. If you have any issues in your past, from past relationships to financial issues, allow your attorney the opportunity to build a defense ahead of time, rather than being surprised during the deposition.
4. You have a right to ask for a break. Don't feel intimidated by the deposition—you are allowed to take breaks by asking your attorney to request one.
Speak to your divorce attorney to learn more about how to deal with divorce deposition.