Preparing for A Divorce Deposition
When you are in the process of going through a divorce you may receive a notice that your deposition will be taken by your spouse’s attorney. Lawyers take depositions in order to discover information, find out more about what a potential witness might say, and preserve testimony for trial. This can not only help them with evidence, but also potentially gather statements that can be used against your interest and credibility. It is very important that you work with your attorney and prepare for the divorce deposition, as preparation is key for these depositions. You never want to go in without knowing what to expect and having practiced. Duration, Those Present, & Formalities Divorce depositions are usually around three hours long (although they depend on the specific circumstances of the divorce) and include your attorney, your spouse’s attorney, and the court reporter to record answers word-by-word. Your spouse may also be present, as well as any others that are relevant to the case; for example, a Guardian Ad Litem or child representative. Judges are not present and will not review the deposition transcript unless an attorney calls on them to do so. As the procedure begins, you are asked to use your right hand to swear an oath and you will then sit down and be asked questions by the attorneys, most-all of which will come from your spouse’s attorney. The results of the session will be a transcript typed out by the court reporter, which you will be allowed to review, and which can be used during trial. You should also know that this is a formal and important process, and most attorneys are very skilled at taking depositions and how to extract what they want out of the witness. Below are some helpful tips to keep in mind: Take Your Time – Pause Before You Answer Always pause, think and take your time before answering. You are not under any time constraints or rush to answer. It is better if you carefully listen to the question and concentrate on each word before you answer. To this end, know that it is also possible that your attorney may object to certain questions. As a result, you also want to pause before providing an answer in order to give your attorney a chance to provide that objection. It is entirely possible that you will be expected to still answer the question, but it is important to still provide an opportunity for the court reporter to record that objection made first. Only Answer the Question Asked Make sure that you only answer the question asked and do not offer any extra information. You want to make sure that you concentrate on the substance of the information you are providing as opposed to being a helpful witness. It is not your job to be helpful to the attorney asking the questions; simply keep your answers short and to the point. Know that some attorneys have particular techniques to try and obtain additional information from witnesses, such as giving them the silent treatment. Do not be tempted to fill this silence with words. Some attorneys may instead continue to ask you the same question in different ways; know that they may simply be trying to elicit a different answer or extract more information from you, and do not be afraid to stick to your first answer. Feel Free To Indicate That You Do Not Understand The Question, Do Not Remember, Or Do Not Know Also feel free to ask for clarification if you do not understand the question. It is up to the attorney to ensure that their question is unambiguous, and it is not your job to help them. Do not provide a conditional answer (for example, “if you mean x, then y,”), but simply indicate that you do not understand the question. If you do not remember or do not know, these are completely acceptable answers as well. It is not a good idea to guess the answer. When You Are Questioned About Particular Documents If a question involves examining documents, know that this is a very important part of the deposition and you need to very closely read the fine print. Never testify about the content of a document you are not completely familiar with unless it is right in front of you and you have been provided with a full and complete opportunity to read it. Always check the document before answering if the attorney is trying to suggest that the document states something in particular. Contact Our Florida Divorce Attorneys for Help If you need assistance with any family law issue, our experienced Tampa divorce attorneys can help. Contact HD Law Partners today to schedule a consultation. Resource: natlawreview.com/article/help-how-do-i-prepare-divorce-deposition Posted in Divorce | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us