Your Legal Rights at Work

What Is A Divorce Deposition?

by Lewis Hamilton

In some cases, divorces are relatively fast and problem-free, but there are also times when divorces turn into huge battles. If your divorce is becoming a battle, there is a chance you might have to attend court for a divorce deposition. A divorce deposition is not always needed in divorce cases, but there are times couples use them to settle certain issues. Here are three things you should know about divorce depositions if you are told to go to court for one.

What is a divorce deposition?

A divorce deposition is something that requires couples to attend court to give testimony under oath. During the deposition, you must take the stand and answer the questions your spouse's attorney asks you. While this is occurring, a court reporter will be recording you or writing down the exact words you say. 

Depositions are often used when there are conflicts that couples cannot resolve, or when one spouse believes the other spouse is lying or hiding critical information. For example, a deposition might be used when there is a problem settling child custody issues, splitting assets, or negotiating other parts of the divorce agreement.

What should you know before attending?

The most important thing you should know about a divorce deposition is that the words you use will be under oath and may be used against you in your divorce. For example, if your spouse wants custody of the kids because he or she claims you have mental health issues, the lawyer is likely to ask you questions about your mental health. Anything you say that may demonstrate that this claim is true could be held against you in your case and could cause you to lose custody rights of your children.

Because of this, you will need to prepare for this deposition and know what to say and what to not say. You will, however, have to tell the truth during the deposition, so you cannot lie simply to cover your back. The best thing you can do is to listen to each question and answer only with the necessary words. You should never offer details you are not asked for, unless they benefit your side of the case.

If you are preparing for a divorce deposition, make sure you talk to your lawyer beforehand. Your lawyer will give you great advice about what you should say, and he or she will be there with you during this hearing. For more information, contact your local divorce law office today.