Some couples will end up taking their divorce disagreements before a judge. This can happen when the couple agrees on very little, has been married for a long time, and has lots of marital debt and property. Almost all cases that involve a trial also go through some pretrial events known as discovery. If you and your spouse are participating in the pretrial event known as a deposition, the below information should help you be prepared for it.
Dispositions Serve a Purpose
Divorce is often a complex legal and financial matter. Although many couples can work things out by themselves, the cases that come to trial are usually bogged down with divorce issues like child custody and financial disclosures. High net-worth divorces often must be settled in a courtroom as well. A deposition allows facts about certain divorce issues to come to light before the trial begins. That lets each side preview what to expect when the trial begins.
It also provides some insight into how the parties stand on various issues. The divorce lawyers for each side use the deposition to plan the trial. They have a better idea of what the other side is alleging and can fight against it. For example, if one side is alleging that the other allowed a child to witness drugs being used, the other side can prepare to refute that allegation using witnesses and other evidence. The time to find out about what will be brought up in court is before court begins. Otherwise, surprise revelations could cause a chaotic courtroom scene.
How to Cope with Your Deposition
You likely already know what the main issues of contention are between you two. If you are not sure what to expect, talk to your lawyer about the issues that are keeping you from settling your divorce. The deposition is not as formal as a court hearing; however, it should be taken seriously. The proceedings are recorded and can be used in the trial. All the parties being deposed are subject to being sworn to tell the truth.
Both your lawyer and your spouse's lawyer will be asking you questions. The deposition, however, is closed to everyone except the lawyers and the court reporter. You won't be facing your spouse at the deposition. Follow these tips for a smooth deposition experience:
- Let the lawyer complete their question before answering.
- If you don't understand, ask for clarification.
- Don't speculate; if you don't know, say so.
- Take your time and don't allow yourself to get flustered by the other side.
To find out more about your divorce deposition, speak to a family law attorney.
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