Divorce Depositions | LegalMatch

Who May Be Present at a Divorce Deposition?

Generally, the persons present at a divorce deposition include:

• The spouses, or parties to the divorce;
• Their respective lawyers; and
• A court reporter who transcribes the questions and answers verbatim..

In some cases, a guardian ad litem may be present in order to observe the deposition and later evaluate the testimony of the parties. This person is basically an attorney appointed by the court to represent the interests of the children of the marriage. A judge is never present at divorce depositions.

As noted above, any person who might be called as a witness in the trial may be requested to appear at the deposition. People whose attendance is required at a deposition receive a “Notice of Deposition” which formally requests their presence at the deposition.

What Type of Information Is Obtained in Divorce Depositions?

Each divorce deposition will be different, at least in part, depending on the issues that are raised in the divorce proceeding. For example, some divorce cases will focus mostly on property issues. Others may focus more on child custody or support issues.

In every case, the credibility of the witnesses is an issue. This means that an issue is which witness is more believable than others. In general, deposition questions will touch upon the following kinds of information:

• General Information: This may include information about the parties, such as their name, contact information, profession, education, and their relationship to the other parties;
• Specific Events and Dates: Sometimes the outcome of a divorce case will turn on a specific event, such as the infidelity of one of the parties or an authorized transfer of property. Such events will usually be discussed in detail in order to gather facts for the trial;
• Witness Information: Witnesses will be thoroughly interviewed to obtain their name, identity, profession, and their role in the case;
• Expert Witnesses: Expert witnesses are deposed in order to verify their qualifications, find out what their expert opinions are and what facts support their opinions. Every party wants to know how the experts can be expected to testify at trial;
• Information Previously Reviewed: The person answering the questions may be asked whether they have spoken with anyone or reviewed documents in preparation for the deposition. They can be asked any other question that seeks information relevant to the case. However, the person cannot disclose information that is protected by a privilege, such as the attorney-client privilege;
• Documents: A deposition is also a time for the parties to request documents from the other party. Questions are likely to be directed to the documents that have been previously exchanged. However, documents should not be brought to the deposition unless they have been specifically requested by the other party through the Notice of Deposition or a Deposition Subpoena, often referred to as a “subpoena duces tecum”.

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

• “What is your name, age, and profession?”
• “During marriage, did your partner provide care to your children?”
• “Do you and your partner have any shared bank or retirement accounts, such as a joint bank account or a shared retirement savings account?”

Thus, the questions that are asked in a deposition can be expected to 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 forthright.

A person who is a party to the divorce can expect to be prepared for their deposition by their attorney, and should take direction from their attorney regarding their deposition strategy. Often an attorney reminds a client to answer the questions asked, but not to volunteer any information for which the question does not ask.

Do I Need a Lawyer for a Divorce Deposition?

If you have filed for divorce or if your spouse has done so, you want to work closely with an experienced divorce lawyer. Your attorney is able to advise you and prepare you for depositions and other types of meetings.

Also, your attorney can help you locate and organize all the relevant documents and information that are needed for settlement negotiations and trial, if there is one. Your attorney can advise you about settlement negotiations and what is the best agreement you can expect from the divorce proceedings.