How to Prepare for a Divorce Deposition
Divorce depositions are necessary during a divorce process. If you’re going to go through a divorce deposition, there are several things that you need to keep in mind. This article will be going through a few divorce deposition tips that you can use to ensure that you can get the results you need.
What Is a Divorce Deposition?
A deposition in a divorce is the sworn statement of the parties in a divorce proceeding. The deposition is taken outside of the courtroom but is done in the presence of a court reporter.
The entire deposition is then transcribed. That includes all the questions and the responses. The deposition can happen in the office of the lawyer that requested the deposition although it is possible to take place in other locations too like the office of the court reporter.
The purpose of deposition in divorce is to get all the needed information about the case. It is useful in clarifying some things about the case. The deposition transcription must be accurate because it will be used as a legal document for the divorce process and it can be made by a deposition transcription service provider.
The person getting deposed or the one giving the statement is known as the deponent. When the deponent is actually a party to the case there is no need for a subpoena. If the deponent is not a party to the case then a subpoena will be necessary to compel them to attend.
The deponents may be asked to provide evidence for their claims during the deposition.
How to Prepare for a Divorce Deposition
This is the part where we discuss divorce deposition preparation. You need to make sure that you prepare properly for it so you can get the results you want. Don’t just walk into a deposition in a divorce proceeding without any preparation and expect to get the results you expect.
We have listed here some of the things that you can do to prepare for your divorce deposition.
Discuss the Issues of Your Case with Your Lawyer
The first thing and probably most important step that you can take when preparing for a deposition is to have a discussion with your lawyer. First of all, you need to talk about the reason for deposition in divorce. Why are you about to give that statement? What do you need to say?
Your lawyer can also coach you on how to behave during the deposition and how you should answer. Your lawyer has probably coached numerous clients during depositions and that can help a lot.
Always tell the truth during the deposition. If you lie, you can be held legally responsible for that.
Make a List of Your Assets and Debts
As you should know, money is a very large aspect of divorce cases. You will be discussing your finances during the deposition whether you like it or not. Prepare the documents that will be needed to prove your financial status.
You should also know what your financial situation is before you go through the deposition. You should not give any unsure answers there concerning your finances because that can cause a lot of money later on.
Go Over the Possible Questions with Your Lawyer
Make sure that you go over the possible questions with your lawyer and practice your replies. The lawyer you choose should coach you on how to answer divorce deposition questions. Your lawyer must have divorce deposition sample questions from previous cases.
Your answers to those questions should be customized for your situation. Be the one to request it if your lawyer is not planning on going over the possible questions with you.
Aside from your financial situation, other important questions during the deposition would be about child custody if you have children. If you have not resolved the matter of custody, then the whole deposition could focus on that.
Your physical and mental health can also be questioned during the deposition. Your answers to those questions can actually affect the case. So, if you are suffering from a medical condition then you need to disclose that information to your layer.
Even your recreational activities can be brought up during the deposition. If you engage in reckless activities, then that can have an impact on the case.
Dress for the Deposition
While a divorce deposition is done outside of the courtroom it is still a legal proceeding. You need to build your credibility not just with your responses but how you say them as well. Your appearance will also be crucial in building up your credibility.
You need to dress for the part when you attend the deposition.
Divorce depositions are something that you need to prepare for. Whatever you say during the deposition can have an impact on the divorce. Remember, everything you say will be recorded in the deposition transcription and it will be part of the court records.
