Summary: Today we’re talking about depositions in divorce: what is it, why is it needed, and who is a part of them? Although they tend to be pricey, depositions can be a powerful tool in the discovery process and important pieces to building a case, especially in high conflict/assets situations. Listen in to learn more about this process and to determine if it’s right for you.
The deposition is a sworn statement, taken in the office of one of the lawyers, before a court reporter who takes a transcript of everything that is said. Depositions give you an opportunity to ask questions
I always say, when you’re on the stand, you don’t want to ask a question that you don’t know the answer to. Depositions give you the opportunity to ask all the questions, so that you can get all the information you need and follow up with necessary documents. When you’re an aggressive attorney like myself, depositions are the best time to shine and get the information your client really needs.
Unless your spouse is hiding assets, withholding information, etc., depositions shouldn’t be conducted in every case. They’re pricey, time consuming, and emotionally grueling on the client. You should also be aware that if your spouse is manipulative and able to evade questions, depositions could be a waste of time.
Work with your attorney to strategize and see if a deposition is necessary for your case. If so, make sure you’re collaborating with them to get all the questions in order to best prepare.