Divorce Depositions

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What Is a Divorce Deposition?

A divorce deposition is a tool used during what is called the discovery process.  Discovery is where the parties exchange information. Thus, a divorce deposition is essentially a meeting between the two parties to a divorce.

It has two main purposes:

Depositions are a necessary part of any divorce proceeding. The information obtained from depositions will form the basis of the analysis in the upcoming trial or hearings. Many important decisions may be based on the information from depositions, such as child custody, child support, and division of property.

Who May Be Present at a Divorce Deposition?

Generally, the persons present at a divorce deposition include:

n some instances, a “guardian ad litem” may be present in order to observe the deposition and later evaluate the testimonies of the parties. A judge is usually not present at divorce depositions.

In addition, any person who might be called as a witness in the trial may be requested to appear at the deposition. Persons who are requested to be at a deposition will usually receive a “Notice of Deposition” which formally requests their presence at the deposition. 

What Type of Information Is Exchanged during Divorce Depositions?

Each divorce deposition will be different depending on the issues that will be raised in the divorce proceedings. For example, some divorce cases will focus more on property issues, while other may focus more on witness credibility. In general, depositions will touch upon the following types of information:

Some examples of questions that are commonly asked at a divorce deposition include: 

Thus, the questions that are posed in a deposition can range from very broad to very specific.  While a party never has to disclose any confidential information, it is best to answer questions in a manner that is cooperative and forthcoming.

Do I Need a Lawyer?

If you have filed for divorce, you should work closely with a family lawyer. Your attorney will be able to counsel you and prepare you for depositions and other types of meetings. In addition, your attorney can help you compile all the documents and information that will be used during trial. Divorce laws vary widely by state, so be sure to ask your lawyer if you have questions about the laws of your area.

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Last Modified: 05-07-2015 11:12 AM PDT

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