What you say can have a major impact on how your case unfolds, especially when it comes to finances, custody, or property division. With the right preparation and mindset, though, you can handle a deposition with confidence.
Understanding the Purpose of a Deposition
A deposition gives both sides a chance to gather information and clarify key issues before trial. Your spouse’s attorney may ask questions about your income, spending habits, parenting decisions, assets, and debts. A court reporter records everything, and your testimony can be used later in negotiations or in court.
While a deposition may sound like a courtroom appearance, it’s usually held in a conference room or an attorney’s office. There’s no judge present, but you are still under oath, so it’s important to tell the truth and stay composed.
How to Get Ready
Preparation is everything. Before your deposition, your attorney will review the topics that might come up and help you go over financial documents, text messages, or other records that may be discussed. You should also take time to:
- Review your paperwork carefully. Know the details of your financial statements, property ownership, and prior court filings.
- Stick to short, honest answers. Answer only what’s asked. Avoid volunteering information that hasn’t been requested.
- Practice staying calm. The opposing attorney may try to make you uncomfortable or emotional. Taking a moment before answering can help you stay in control.
Your attorney will be there to protect you and can object to improper questions. Rely on their guidance if something feels confusing or unfair.
What to Expect During the Deposition
The process usually begins with basic questions—your name, employment, and background. Then it may move into more personal or detailed topics related to your marriage, finances, or children.
You can expect questions like:
- How were major financial decisions made during your marriage?
- Do you have any joint accounts or hidden assets?
- What parenting responsibilities do you typically handle?
It’s normal to feel nervous, but preparation helps ease that anxiety. Speak slowly, stay polite, and remember that it’s perfectly fine to say “I don’t know” if you’re unsure. Never guess or speculate.
Common Mistakes to Avoid
A few simple errors can hurt your case:
- Talking too much. Overexplaining can open new lines of questioning.
- Getting defensive. Stay composed, even if the questions feel unfair.
- Hiding information. Dishonesty can damage credibility and lead to serious consequences.
Your attorney may schedule a mock deposition so you can practice answering in a calm, confident manner.
Why Preparation Matters
A strong deposition can shape how your divorce case proceeds. Honest, well-prepared testimony often leads to smoother negotiations and may even prevent a lengthy trial.
If you need help with divorce deposition preparation, we’re here for you. The Law Offices of Robert M. Geller can help you understand what to expect, guide you through the preparation process, and protect your interests every step of the way.
