If you are going through a contested divorce, and there are disputes over issues such as hidden assets, property division, or child custody, depositions may be necessary. The testimony given at a divorce deposition can help shape each party’s strategy in the case and reveal how both spouses would testify in court. While deposition testimony can provide key evidence at trial, these proceedings can also help encourage settlement. If depositions will be conducted in your divorce case, it’s vital to understand what to expect so you know how to prepare.

What is a Divorce Deposition?

A divorce deposition is a tool used during the discovery phase of litigation. It gives each spouse the opportunity to ask the other questions under oath. These question-and-answer sessions can help both spouses gather evidence to prepare for trial, or negotiate a settlement. Depositions are typically not needed in uncontested matters. However, they may be required in complex situations, as well as in cases where a spouse is unwilling to cooperate during the discovery process and voluntarily provide information.

Depositions can also be used to gather information from third parties. For example, a deposition of a babysitter may be useful to obtain information related to child custody matters. A business partner may be able to provide key evidence about the value of a spouse’s jointly held company. If marital assets were squandered on an affair, a paramour may be able to provide information that a judge can use to determine property division.

What Should You Expect at a Divorce Deposition?

Although the process involves asking a series of questions that must be answered under penalty of perjury, a divorce deposition is not the same as giving testimony on the stand in a courtroom. Depositions are informal and usually take place at an attorney’s office. A court reporter will transcribe everything that is said at the proceeding to create an official record which can later be used to prepare for trial or, if necessary, impeach a party in court. Depending on the issues in the case, a deposition usually only lasts up to a few hours.

Only one person is deposed at a time. During the deposition, your spouse’s attorney will ask you questions about your marriage, your finances, assets, employment, child-related matters, or any other issues that are relevant to your case. Some common questions can include:

• When were you married?
• What are your sources of income?
• What assets do you own?
• What businesses do you own?
• Do you have any credit card debt?
• What are your monthly living expenses?
• How are parenting duties shared between you and your spouse?
• Is there a history of substance abuse?
• What is your employment status?
• What does your living situation look like?

You may also be shown documents at a divorce deposition and asked questions about them. These can include financial statements, medical records, police reports, and other relevant documents. It’s important to review the documents related to your divorce case before the deposition is conducted so you are familiar with them.

Each question asked must be answered, unless your attorney objects. Notably, objections are limited at depositions and can typically only be raised in connection with the form of the question or privilege. After the deposition has concluded, a transcript of the proceeding will be provided a few weeks later. This document should be reviewed carefully with your attorney for accuracy. Any necessary corrections can be made on an errata sheet and sent back to the court reporter.

Tips on Answering Questions at a Divorce Deposition

It’s best to prepare for a divorce deposition with your attorney. They can advise you regarding the types of questions to expect and give you the opportunity to practice answering them. Importantly, don’t rush to answer any questions. While you should always tell the truth at a deposition, it’s essential to think before you provide an answer and not give more information than what has been asked. If you do not remember the answer to a question, don’t try to make one up. You can simply state that you do not remember.

Be sure you understand the question that has been asked. If you are unclear, you can ask the attorney for clarification. In addition, if the attorney asks the same question in a different way multiple times, stick to the answer you have already provided and do not get confused. This is a common tactic that is used at depositions to expose inconsistencies and challenge a party’s credibility.

During the deposition, be truthful, remain calm, and do not be argumentative. While a divorce deposition can be stressful, remember your attorney is there to protect your rights. If you feel you are overwhelmed or getting anxious, take a deep breath to help yourself focus. You may also ask for a break after a question has been answered if you need to compose yourself or speak with your attorney privately.

Contact an Experienced Michigan Divorce Attorney

If you are facing divorce, it’s crucial to have a trusted attorney by your side who can guide you every step of the way. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a wide range of matrimonial and family law services to clients in Michigan and is dedicated to obtaining the best possible results in every case.

You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.