If you can't settle your divorce case through mediation, you'll likely go to court to end your marriage. While divorce court cases can take months to complete, they can be a good option for couples experiencing difficult break-ups.
Difficult divorces require plenty of evidence, including depositions. Your sworn testimony, along with comments from experts, could help lawyers prepare cases in court. And sometimes, a deposition is so persuasive that lawyers can collaborate on a solution and keep the couple out of court.
Here's what you need to know about the deposition process.
It's easy to focus on the courtroom phase of a contested divorce, but in reality, lawyers spend months preparing their cases. During discovery, both sides can take witness statements or depositions.
A deposition is a question-and-answer session between a lawyer and someone familiar with the case. A court reporter documents every word said during this conversation, and those notes are shared with the opposing side. Depositions are sworn legal statements. You could face steep consequences for lying under oath.
Sometimes, people participating in divorce depositions become witnesses in divorce courtrooms. But sometimes, depositions end people's obligation to discuss the case.
Contested divorces involve two parties who can't agree. Both sides must argue the case in court, and often, depositions help lawyers understand the strengths and weaknesses of their cases. While depositions can feel somewhat informal, they are legal conversations that can have significant consequences.
Lawyers must be very familiar with your case before arguing for you in court. Depositions can be an important research tool for subjects like income, debts, and child custody.
Three types of people could give depositions:
Attorneys often ask their clients to give depositions in a divorce case, too. Your lawyer might ask you to describe a specific event, a pattern of behavior, or a triggering moment that led to divorce.
Depositions aren't held in courtrooms. Just a few people participate in these conversations, including these individuals:
While your talk is private, the transcript is not. Everything you say in response to a question is carefully documented in the paperwork sent to opposing counsel.
Expert lawyers don't prepare scripted questions for courtroom cases. Instead, they prepare general topic outlines and improvise a bit while witnesses are on the stand. Depositions help them prepare.
Your lawyer could do the following:
Depositions can also give lawyers leverage. If your testimony (and that of your witnesses) is overwhelming and compelling, your lawyer could push the other side to concede. You could end your case without ever going to court, which most parties would prefer. This can save you time, money, and stress in the long run.
People aren't surprised by divorce depositions. You're given plenty of time to clear your schedule and prepare to answer questions. Use this time wisely so you can be helpful when talking with your lawyer.
These tips can help you prepare:
While participating in a deposition can be intimidating, know that you're taking an important step toward ending your marriage and getting what you want for your new life.
