There are several stressful aspects of divorce. Thinking about what your post-divorce life will look like from a financial perspective, how much time you’ll get to spend with your kids and even dealing with the contentiousness of negotiating with your spouse can all put you on edge and leave you feeling overwhelmed. Although the downward pressure of it all might leave you tempted to rush through the process to wrap it up as quickly as possible, you should resist that urge since moving too quickly through your marriage dissolution will leave you susceptible to costly mistakes. This is often highlighted during a deposition.
What is a deposition?
A deposition is the process where one party takes sworn testimony from a witness or an opposing party outside of court and before trial on the matter at hand. In a divorce case, then, spouses oftentimes depose each other prior to settlement negotiations and anticipated trial. The goal is to discover information that was previously unknown and lock witnesses down on their statements. Since depositional testimony is taken under oath, it can be used at trial to attack a witness’s credibility, such as if they provide inconsistent statements, and to establish facts. Therefore, if you’ve been subpoenaed to be deposed, it’s critical that you properly prepare.
Tips for preparing for a deposition in a divorce case
The thought of testifying in your case or being deposed before trial can be nerve-wracking. But you don’t have to let the process paralyze you with fear. By implementing the following tips, you can better ensure that you’re prepared to give strong depositional testimony that preserves your divorce position:
- Anticipate questions: With a little bit of thought, you can probably identify some of the questions that you’ll be asked in your deposition. Consider what issues are being contested in your marriage dissolution as well as anything that you’ve said or done that may become a point of contention. Once you’ve anticipated these questions you can work on formulating appropriate responses.
- Act as if you’re giving court testimony: A deposition, while stressful, may seem less formal, but it needs to be treated seriously. Since your testimony will be recorded and a transcript will be provided to the parties, you need to prepare as if you’re testifying in court. So, take the matter seriously and ensure that you’re adequately preparing for your deposition.
- Be ready to listen to the questions: This sounds simple, but people get themselves into difficult positions all the time when they volunteer information that wasn’t asked for in their deposition. So, be ready to listen to the questions asked, take the time needed to formulate a thoughtful answer and stick to what’s being requested.
- Be prepared for the opposing attorney to try to irritate you: The attorney taking your deposition might ask you difficult questions and come across aggressively. This is intentional. Attorneys oftentimes try to get under the skin of the individual they’re deposing in hopes that their anger and frustrations will cause them to say something that can be used against them in court. Be ready for this and train yourself to remain calm and to think through your answer before giving it.
Preparation is key to avoiding costly mistakes in your divorce
We know that getting divorced can be incredibly stressful. But you have to embrace the process so that you adequately prepare your legal arguments. Otherwise, you might end up in a bad position that leaves you at a significant disadvantage moving into the next chapter of your life. So, if you need help preparing to properly navigate your divorce, then now is the time to wrap yourself in any support that you may need.