Divorce Deposition: What's the Purpose?

What is a Divorce Deposition?

A divorce deposition is a formal interview conducted under oath outside of the courtroom. During this process, the attorney for one party questions the other party (or other witnesses) in a divorce case. A deposition may be used as evidence in the legal proceedings.

The Aim of a Divorce Deposition

The purpose is to gather information, clarify facts, and potentially gather evidence for the case. During depositions, attorneys determine witness credibility, prepare for potential cross-examination, collect information to inform their case approach and clarify inconsistencies.

How to Prepare for a Divorce Deposition

It is important that you take time to practice answering divorce deposition questions with your attorney. What you say will be recorded for the record, and you don’t want to let emotions drive your answers, nor do you want to seem stressed.

When answering questions, your attorney will advise you to keep your answers short and to the point. By practicing, you can also get used to asking the questioner to rephrase questions, become more comfortable with your stance on aspects of the divorce, and feel confident going forward.

Common divorce deposition questions include:

Questions about your marital relationship. These questions may delve into the circumstances leading to the divorce, the quality of your relationship (both positive and negative aspects), any instances of abuse, and the timeline of events leading to the separation. You may be asked:

• When did you and your spouse begin dating?
• How long were you married?
• Can you describe the circumstances that led to your separation?
• Were there any instances of physical or emotional abuse in your relationship?
• How often did you and your spouse argue or fight?

Questions about your finances. Expect questions regarding your income, assets, debts, and financial habits. You may also be asked about your spending patterns, any hidden assets, and your plans for dividing property and debt. You be asked:

• What is your annual income?
• Do you own any real estate?
• What are your monthly expenses?
• Do you have any outstanding debts?
• Do you have any assets or bank accounts that your spouse is unaware of?

Questions about your children and their relationship with both parents. These questions will focus on your children's well-being, their bond with both parents, any custody arrangements, and your parenting styles. You may also be asked about your children's preferences and their emotional state. An attorney may ask you:

• What is your parenting style?
• Have there been any issues with your children's well-being or behavior?
• Can you name two of your children’s teachers?
• Do you know the name of your children’s healthcare provider?
• How much time does your work schedule allow you to spend at home during the week or on weekends?
• Do you or your spouse handle bedtime, dinner, homework help, etc.?

Questions about personal habits. These questions can be relevant to child custody or support issues. You may be asked:

• Do you have a history of drug or alcohol abuse?
• Have you ever been arrested or convicted of a crime?
• What is your current employment status?
• Do you have any health problems?

Questions aimed at clarifying potential negotiating points. These questions may seek to clarify your position on various issues, such as property division, child custody, and spousal support. The goal is to understand your expectations and potential areas of compromise. You may be asked:

• Why are you seeking spousal support?
• Are you willing to negotiate the childcare arrangement?
• Are you firm on a 60-40 split of your marital assets?

For more tips on divorce deposition preparation, read our blog, “4 Tips for Your Divorce Deposition.”

Lean on Our Attorneys During the Divorce Process

Our attorneys can help you navigate the various stages of the divorce process, including divorce depositions. From helping you prepare for a deposition to deposing your spouse, our team is here to help protect your interests. Contact us to discuss your situation.