Things to Know before Your Deposition

 Posted on October 29, 2015 in Child Custody

During the divorce process, the divorcing couple could be required to complete a deposition as part of the case's discovery. When the couple divorces through litigation rather than mediation or a collaborative divorce, a deposition is a guaranteed part of the process. A deposition is a meeting between the divorcing parties, their attorneys, and a court reporter to document all necessary information for the divorce, such as the partners' assets, income, and their child's needs.

The prospect of going to a deposition can be intimidating. You will be required to answer questions under oath, some of which might not have immediately obvious answers. It is important that you fully prepare yourself for your deposition by going over the questions you might face with an experienced divorce attorney.

It Is Like a Job Interview

Essentially, you will be interviewed by your spouse's attorney. Dress and speak like you are going to a job interview. First impressions are important, so make it a priority to look and sound your best at your deposition.

There Is No Pressure to Rush

Speak at a pace at which you are comfortable. If this means there will be silent pauses in your speech, then there will be silent pauses in your speech. The court reporter is simply there to transcribe all dialogue that occurs at the deposition – do not give him or her filler speech to transcribe like “uhms.” Instead, relax and be as concise as possible with your speech.

Practice Your Answers

You will be asked a series of basic questions at the beginning of the deposition. Examples of these questions might include the following:

• “What is your date of birth?”
• “What is your profession?”

The questions will then turn to a discussion of your marriage. They will remain simple, such as the following:

• “Do you and your spouse have shared bank accounts?”
• “How much money did you earn last year?”
• “Is your spouse your child's primary caretaker?”

Although these questions do not require research, they do require careful, concise answers. Practice answering these questions with your attorney before going to your deposition. Remember, only answer the questions you are asked – do not provide further clarification, or “follow-up” to your answer unless you are specifically asked to do so. Information can be misconstrued and used against you.

If you do not know the answer to a question, do not panic. Simply state, “I cannot recall.” Do not lie or tell a half-truth simply to have an answer.

Kane County Divorce Attorneys

Know what to expect from your deposition ahead of time. Do this by discussing it with our team of experienced Kane County divorce attorneys at Goostree Law Group during your free legal consultation with our firm. We can examine the specific details at play in your case to determine what you might be asked and how you can best prepare for your divorce deposition. Do not be afraid of a deposition – it is a normal part of the divorce process.

Source:
http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery.html