A divorce that can be resolved easily and quickly is a goal worth attaining, but sometimes a couple cannot resolve their issues without taking the case to court. Going to court can be a long process and a lot of that process involves information gathering. The sharing of information across the two sides is common procedure during court cases of all kinds, including divorce cases. A particular discovery procedure, known as the deposition, will directly require your participation, so read on for some tips to get through it.
Know what to expect
This meeting is often held in a conference room of a law office, and only one party at a time is questioned under oath. Besides you and your spouse, the deposition might call on financial experts, doctors, mental health experts, child custody evaluation experts, and others to provide testimony. Anything said in a deposition can later be used in court.
When it's your turn to be questioned, you will be accompanied by your divorce lawyer, who will assist in answering questions. Since these events follow common scenarios, your lawyer will be able to predict and prepare you for what to expect in the form of information you might be questioned about. You are allowed to keep and refer to notes during this meeting. Any tricky or sneaky questions asked of you will likely be quickly quelled by an objection for the record.
Listen, then respond
It's only natural to be a bit nervous when being questioned, but don't allow that to affect your answers. Listen carefully to the complete question and make sure you fully understand what is being asked of you. If you need clarification, ask for it. If you don't know the answer, say so. Wait until the speaker has finished speaking before you try to answer; the question may turn out to be quite different than what you imagined.
Only answer the question being asked
That same nervousness can also affect your inability to make your answers short and definitive. Answer only what is asked, do not ramble. If the lawyer for your spouse needs more information, they can rephrase the question or ask for clarification; it's not your job to provide information that is not asked.
While you should take care not to provide more information than asked, you should also be aware that withholding information is very bad indeed. You are under oath and your statements are being recorded. On that same subject, the time to be honest about issues is before the deposition. Your lawyer cannot prepare a defense to allegations if they are not aware of them until they come out at the deposition or in court.
Speak to your divorce law attorney to learn more about how to handle your divorce deposition.Share