Not all divorces proceed smoothly, with spouses having to reach agreements on matters like property division, child custody and alimony. A litigated divorce may require both parties to submit information relevant to these and other issues that they certify to be accurate.
Perhaps you’ve already responded to an interrogatory or list of questions. However, you may still need to provide a deposition. A deposition involves answering questions from the other party’s attorney outside of the courtroom, typically before the case goes before a judge.
A deposition may be fairly short – even under an hour long. In some cases, it could last for hours or even longer. It depends on how much information and what kind of details the other side is trying to get.
If you’re required to give a deposition in your divorce, it’s crucial to be prepared for it, to take it seriously, and to answer all questions truthfully. Depending on what issues you and your spouse are at odds about, depositions in divorce often deal with two broad areas.
Finances
This could include your income, debt, assets as well as spending habits. It may also involve your ability to pay spousal and/or child support or your possible need for these types of support. Any documentation you’ve provided or information the other side has uncovered could be fair game.
Parenting
Your ability to properly care for your children and/or your co-parent’s inability to provide adequate care may also be taken into consideration. Matters covered may include issues of addiction (if that’s relevant) and perhaps past instances of alleged neglect or abuse.
It’s crucial to have legal guidance as you prepare for your deposition as well as during the process. Anything you say in a deposition – and anything you say that’s found to be untrue or inaccurate — can be used against you in your divorce.
