Kajko, Weisman & Colasanti, LLP

Preparing for a divorce deposition

Just as every marriage is unique, every divorce is unique in its own ways as well. Each couple opting to divorce brings its own values, priorities and circumstances to the table. Sometimes it is easy for a couple to mediate their divorce. Other times, important property and/or child custody issues make it important for a couple to litigate the divorce process.

If you need to litigate your divorce for whatever reason, you will likely need to appear for a divorce deposition. During this process, your spouse’s attorney will ask you a series of questions after you are placed under oath by a court reporter present at the deposition. This process generally takes place in an office or neutral meeting site and neither judge nor jury will be present during the session.

It is important for you and your attorney to discuss the deposition process before you arrive for your session. Given that you will be sworn to tell the truth under oath, it is important that you are prepared to answer questions truthfully, but also in ways that benefit your case whenever possible. Your attorney may stay with you for the duration of the deposition.

It is important to both remain calm and to really listen to questions before you answer them. Whatever you say in a deposition may be repeated in court. You are allowed to answer “I don’t know,” if you genuinely do not know the answer to a question. Once you understand the question fully, and ask for clarification if necessary, simply tell the truth and keep in mind any advice that your attorney has given you prior to the start of the session.

Source: The Huffington Post, “Top 5 Rules to Help You Through a Divorce Deposition,” Stann Givens, May 23, 2014

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