Key Takeaways:
- Depositions are sworn witness statements, taken out of court, but still under oath. The court can then use written transcripts of these statements in place of in-person testimony.
- In family law, depositions are most commonly used in contentious custody disputes or complex, high-asset divorces, and are often a key part of the discovery process.
- Depositions are typically taken in an attorney’s office, with attorneys asking questions and a court reporter present to document the answers.
- Attorneys may depose anyone with information or insight relevant to the case at hand, including divorcing spouses, co-workers, relatives, neighbors, childcare providers, and others.
- Depositions can cover a wide range of topics.
- Because you are under oath, lying during a deposition carries consequences similar to lying in a courtroom.
- Depositions can heavily influence the outcome of your divorce or custody case, so preparation, honesty, and careful communication are essential.
Depositions are frequently used legal tools that come into play in all areas of law, including family law cases. Because they’re so common, it’s important to understand what they are, how they are applied, and when they may impact a divorce, custody, or other related matter.
What Is a Divorce Deposition?
Depositions are sworn witness statements taken out of court, but still under oath. The courts then use the written transcripts of these statements in place of in-person testimony.
When Are Depositions Done?
Primarily employed during the discovery process, divorce depositions are used to obtain information from both parties. In most cases, court personnel, like an attorney or paralegal, conduct the formal interview.
Where Are They Done?
Divorce depositions usually take place in an attorney’s office while a court reporter documents the answers. As these interviews are conducted under oath, statements are sworn to be true.
Lying, falsifying information, or using misleading language compromises a case. Lying under oath can be prosecuted as a felony, which carries jail time and substantial fines if convicted. As always, it’s best to tell the truth and be honest.
When Are They Used?
Attorneys often use depositions in pre-trial discovery to document each party’s sworn testimony.
This process seeks to uncover information about income, assets, debts, the opposing party’s goals, and more.
Depositions create a permanent written record. These are admissible in court and can be used as evidence.
This becomes particularly valuable when allegations of abuse or violence are present. Sworn testimony can be useful in uncovering the truth about accusations.
Related Reading: Does it Matter Who Files for Divorce First?
What are the Ins and Outs of Divorce Depositions?
Depositions aren’t limited to just the divorcing spouses.
Attorneys also often depose other people related to the case. Depending on the circumstances, this may include co-workers, childcare providers, family members, neighbors, and others. If a person has relevant information about the case, they may be called to answer questions under oath.
Not every case requires depositions. They most commonly occur in custody cases and complex, contentious, high-asset divorces. Anything disclosed during a deposition can be used if a divorce agreement isn’t reached and the divorce goes to trial.
Because depositions are admissible during trial, it’s crucial to answer questions consistently.
Opposing counsel can use your sworn statement to cross-examine witnesses. During this time, your ex’s attorney may also try to point out any inconsistencies and undermine witness credibility.
Depositions are a powerful tool in the discovery process and important pieces of building a case. They provide the opportunity to craft a statement and argument. Often they address allegations and circumstances that influence the outcome.
Judges review documents and listen to the attorneys’ arguments. Usually, however, the parties never get called to the stand. Because of this, depositions often become your “day in court.”
Depositions tend to cast a broad net for gathering information. As part of the discovery process, they can address a wide range of topics. This gives you the chance to tell your side of the story in full. It also offers an opportunity for questions that might not be allowed in court.
Related Reading: Divorce or Legal Separation?
How Do You Prepare for a Deposition?
Your legal team may use depositions as part of your offensive strategy during your divorce. On the other side, the opposition may also request this as part of their own. Either way, it’s important to prepare.
Your attorney will help you prepare by outlining what to expect from the process.
Tell the Truth
Though this seems obvious, it bears repeating. Being truthful in your deposition has many benefits.
You don’t risk perjuring yourself. If you tell the truth, it’s easy to maintain consistency in your answers. You won’t inadvertently undermine your credibility.
Lying in a deposition is never a good idea. Lying puts you at risk for fines and jail time, as well as potentially damaging your own case. Even if the truth isn’t ideal, it’s the best approach.
Understand the Questions
Make sure you understand the question before you answer. Depositions have a huge impact, so take the time to get things right.
If you don’t understand the question or didn’t hear it all, get clarification. Ask the attorney to repeat, explain, or rephrase it so it makes sense to you.
Don’t Volunteer Information
Be honest, but don’t volunteer more information than necessary.
This happens all the time. If asked a yes-or-no question, respond with a yes or a no. If a question requires additional detail or clarification, the attorney will ask for more.
Also, don’t go over the top with your answers. Be polite and accurate, but keep it short. Over-explaining or talking too much often makes you come across as untrustworthy or dishonest. Again, if a question requires more, the attorney should ask.
Don’t Joke Around
There’s a time and a place for jokes and comedy. That place is not here and that time is not now.
Sarcastic comments, funny voices, and other attempts at humor rarely translate well to written documents.
The court reporter only records what words you say, not how you say them. Trying to be funny in person often comes across the wrong way on paper.
Listen to Your Attorney
You hired your attorney to guide you through this process. This includes divorce depositions. You’re paying them for a reason, because they’ve done this before and have experience.
So listen to them.
If you’re giving a lawyer money for their advice, heed what they say. They know of potential pitfalls in divorce depositions and can guide you through complex topics. Work with your representation to prepare and make this work in your favor.
Depositions are key parts of many legal proceedings. They commonly play a part in divorce, custody, and other family law cases. It’s important to know how they work, when they are used, and how to behave while giving one.
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