What Is a Deposition
A deposition is sworn testimony given outside the courtroom, recorded by a court reporter or videographer, and used as evidence in divorce proceedings. You sit across from the other party's attorney, answer questions under oath, and your responses become part of the legal record. Unlike written discovery, depositions let the opposing counsel ask follow-up questions in real time and observe your demeanor and credibility.
The Deposition Process
Your attorney typically receives notice of the deposition 10 to 14 days in advance, though state rules vary. On the day of, you'll meet at an attorney's office or court reporting firm. A court reporter administers the oath, swearing you to tell the truth. The opposing attorney asks questions for 30 minutes to several hours, depending on case complexity. Your attorney can object to certain questions, but you still must answer most of them. Property division cases, spousal support disputes, and custody evaluations frequently require depositions because credibility about financial assets, income, and parenting abilities matters significantly.
The court reporter produces a transcript within 2 to 4 weeks. Either party can use deposition testimony at trial if the witness is unavailable, or to impeach testimony if someone contradicts what they said under oath. In some states, like California, depositions must be noticed in writing and the opposing party can subpoena documents beforehand. In others, like New York, the rules are stricter about timing and frequency of depositions.
How Depositions Affect Your Case
- Property Division: If you're fighting over business valuation, real estate, or hidden assets, a deposition can expose inconsistencies in financial statements or testimony about income sources.
- Spousal Support: Your income, earning potential, and actual living expenses may be contested. Depositions establish what you can actually afford to pay or receive.
- Custody and Parenting: Depositions of the other parent, childcare providers, or therapists can establish patterns of parental involvement, substance abuse, or neglect relevant to custody determinations.
- Discovery Tool: Depositions work alongside discovery and interrogatories to gather facts before trial. Many cases settle after depositions when both sides see the strength of the evidence.
Before Your Deposition
- Meet with your attorney multiple times to review likely questions and practice your answers. Stay calm and truthful, even if answers hurt your case.
- Gather documents related to income, assets, and expenses. Bring bank statements, tax returns, and communications with the other parent if custody is involved.
- Dress professionally. First impressions affect credibility.
- Answer only what's asked. Don't volunteer information or guess. If you don't know, say so.
- Never communicate with the other party's attorney outside your lawyer's presence.
Common Questions
- Can I refuse to answer questions at a deposition?
- Your attorney can object on legal grounds (attorney-client privilege, work product protection, or irrelevance), but most questions must be answered. Refusing to answer without a valid legal objection can result in a motion to compel and sanctions from the court.
- What happens if I lie during a deposition?
- Perjury is a crime. Beyond criminal consequences, lying destroys credibility at trial. The other side will use the deposition transcript to show inconsistencies, and judges heavily penalize dishonesty in family law cases involving custody or financial matters.
- Do both spouses get deposed?
- Usually yes, especially in contested divorces involving significant assets or custody disputes. Your attorney and the opposing attorney have mutual deposition rights. The scope and length depend on the complexity of your case and what discovery is still needed.
Related Concepts
Discovery is the broader process of gathering evidence before trial, of which deposition is one tool. Interrogatories are written questions answered in writing under oath, often used before or alongside depositions to establish basic facts efficiently.