What to Expect During a Divorce Deposition
This article is about what to expect during a divorce deposition and the role court reporters play in that. There are many different kinds of legal cases that may require depositions for a few reasons, and one of the more frequent types seen is for divorce cases. Divorces can be stressful and occasionally messy legal affairs, and when there’s significant enough disagreement, depositions may be involved in the process.
At Phoenix Deposition Services, our court reporters and video depositions are available for a wide variety of case types, including divorce proceedings. These are often done involving witnesses who were compelled to appear rather than those who did so voluntarily and may include questions in a few important areas. Here are some of these areas to understand.
Income and Asset Division
Financial areas are often at the center of many divorces, and the deposition process is often used to help uncover certain areas that may be tougher to get at otherwise. You have to be prepared for potentially detailed questions here, including those that are relatively intrusive and get into specific areas of your finances.
It’s important to note that while it may be tempting to withhold certain information during this part of the deposition, doing so is both illegal and extremely risky. Attorneys are able to ask questions about any part of your finances, including any publicly available documents, and you will be under oath during this questioning. Lying or omitting information is a direct contradiction of the law and should be avoided no matter what.
Child Care and Custody
Another common debate point during divorces is the care and custody of any children involved, and this area will take high priority during several elements of divorce cases, including depositions. Custody won’t be determined solely during these hearings, of course, but they present a significant opportunity for both sides to present their case in terms of care and resources for the child.
During this section of a deposition, prepare for personal questions. They will refer to care areas for the child, scheduling concerns for each parent, financial capabilities within the childcare realm and several others. Being willing to admit to areas where compromise is necessary can actually go a long way in these situations, provided both parties can be reasonable.
Health and Personal Habits
Finally, depositions may uncover certain other pieces of information that wouldn’t come to light otherwise during a divorce. Personal habits and traits might come up, such as parents who abuse drugs or alcohol or have been unfaithful within the marriage. Past criminal records may come up in these depositions, and once again, you should take great care not to lie or omit information, even if you think it will benefit you at the moment – the negative outcomes far outweigh the positive ones.
For more on what to expect during a divorce deposition, or to learn about any of our video court reporting or other services, speak to the staff at Phoenix Deposition Services today.