A divorce deposition is a formal interview that an attorney conducts to gather information. Depositions are performed out of court, but are sworn statements made under oath and can be used as evidence in divorce proceedings.
Depositions are an important discovery tool in family court and are used to lock in facts and testimonies before further hearings or proceedings. If you are currently facing a divorce deposition, you can work with a Seattle divorce attorney to prepare yourself.
What is the Purpose of a Divorce Deposition?
When two parties get a divorce, they can create and enter into a mutual agreement regarding child custody, spousal support, and asset division. If they can’t reach a mutual agreement, then the issues fall to the family courts to litigate.
A deposition is one part of the discovery process that begins after one spouse files a divorce petition and the other spouse responds. During discovery, both parties will share information with one another so that the court has a pool of facts to base the decision on.
Instead of waiting for a trial to question spouses, an attorney can perform a deposition under Civil Rule 30 to gather the information. This information is given under oath, so lying during a deposition can result in perjury charges.
What Happens During a Divorce Deposition?
Divorce depositions are typically conducted in an attorney’s office, often with a court reporter to document answers. It may also be conducted by video. Once you are sworn in at a deposition, your spouse’s attorney will ask you various questions regarding facts about your marriage and relationship.
During the deposition, your attorney has the opportunity to object to any questions they feel are legal objections to preserve the record for trial, but you may have to answer anyway under most circumstances. e. Your attorney should go through potential questions and responses before the interview so you can practice what to say and be prepared.
In addition to being transcribed, depositions are often recorded on audio or video. You can think of a deposition as similar to giving testimony in a trial; it just doesn’t happen in court, but before. Most divorce depositions last a few hours, but they can last the entire day, depending on the complexity of the divorce and the required information.
Common Questions in a Divorce Deposition
Most of a deposition will consist of answering questions from your spouse’s attorney, so it’s important to answer clearly and fully, without extraneous information. Below are some of the most common types of questions you may receive during a deposition:
Marital relationship
- How long have you and your spouse been together?
- What led to your separation from your spouse?
- How often did you and your spouse have arguments and disagreements?
- Did physical or emotional abuse ever happen in your relationship?
Financial situation
- How much money do you earn annually?
- What kind of assets do you own (e.g., stocks, accounts, real estate, etc.)?
- What are your monthly expenses and obligations?
- Are there any assets your spouse is not aware of?
Child rearing and relationship with children
- What kind of parenting style do you favor?
- Does your child have any behavioral or emotional issues?
- How involved are you with your child’s education and extracurriculars?
- How much parenting time do you have each week with your child?
- How do you and your spouse split parental duties (e.g., pickups, meals, bedtimes, etc.)?
Personal details
- Do you have any alcohol or drug use issues?
- Do you have a prior criminal history?
- Do you have any health or mental issues that could interfere with your ability to parent a child?
- Do you hold gainful employment?
These questions are just examples. The exact queries will depend on your specific circumstances. It’s important to prepare for these questions with your attorney so you can comfortably answer them straight and to the point.
Tips for a Divorce Deposition
It’s natural to be intimidated by the prospect of being interviewed by your spouse’s attorney. To help you out, here are some general tips to keep in mind during a deposition:
- Tell the truth. Most importantly, you must tell the truth. Depositions are sworn testimony, so you can face steep penalties if you lie. Aside from the penalties, lying is harmful to your case.
- Be concise. Make sure you understand questions before answering, and don’t meander. You should only talk as long as necessary to answer the question.
- Don’t give unnecessary information. Similarly, don’t provide more information than requested. If you get a ‘yes or no’ question, just answer yes or no—don’t elaborate or add context.
- Be serious. Depositions are a formal legal proceeding, so be professional and don’t try to make light of the situation. Jokes don’t come through in transcriptions, and a lack of a serious attitude could hurt the court’s perception of you.
Contact a Seattle Divorce Lawyer
Do you have more questions about divorce proceedings or divorce depositions in Washington? If so, contact Dellino Family Law Group online or call today to talk to a Seattle divorce lawyer.
