A Divorce Deposition: How To Prepare (April 2025)

What Is a Deposition in Divorce?

If you’re like many people, you might assume that legally ending a marriage is as simple as serving your spouse with divorce papers. The truth is very different. There can be negotiations, mediation and all manner of steps needed to resolve issues like the custody of any children, division of assets and alimony.

When learning about how to file for divorce, many people don’t realize that it could involve preparing for trial to get an official ruling. This means going through discovery, which allows both parties to gather information and enables the judge who will make the final ruling to get the full scope of the case.

A divorce deposition is part of discovery, and it involves answering questions under oath. The deposition will take place outside of court but in front of a court reporter, the involved attorneys and your spouse.

Your spouse’s attorney will ask you questions, and your lawyer can do the same with your spouse. It’s also possible to get depositions of expert witnesses who may be needed to clarify issues in complex proceedings. For example, financial experts could provide guidance on marital assets.

Preparing for a Divorce Deposition: What Questions to Expect

You’ll be asked a number of questions about many topics, beginning with the reasons for divorce. You’ll need to answer questions about your marriage. If there are children involved, you can also be questioned on your lifestyle and health because that will make a difference when deciding on custody.

You’ll receive questions about your finances, including what debts and assets you possess. All of this will play a significant role when deciding on alimony agreements. Connected to this, you can expect questions on your employment as well, including how many hours you work.

Tips for a Divorce Deposition

It’s vital that you take the deposition seriously and properly prepare for it. Often, people ask, “Can you get a divorce without a lawyer?” While the answer in uncontested divorces can vary, anyone facing a deposition should always have counsel. During the preparation process and the deposition itself, your lawyer is a major asset.

Know Your Financial Status

You should understand all of your financial documents. Review them before the deposition to check that everything is correct and the data is clear in your mind. If there’s anything that you don’t comprehend about your finances, ask your lawyer so that you’re not confused during the deposition.

Make Certain You Understand the Questions

If you don’t understand a question that the other lawyer asks you, get it clarified. Remember that a deposition occurs under oath and will be recorded, so the answers you provide can be used later. If you misunderstand and answer incorrectly, that could impact your case’s outcome.

Tell the Truth

This tip is connected to the one above. Because you’ll be under oath, you don’t want to be caught in a lie; this could have consequences that extend beyond your divorce. Even if the truth doesn’t benefit you in the short term, it will in the long run.

However, this doesn’t mean that you should volunteer information. Stick to “yes” and “no” answers whenever possible, and don’t elaborate unless it’s absolutely necessary.

Don’t Joke

People sometimes joke around when they’re nervous or uncomfortable, but it’s best if you abstain from doing so. You don’t want to appear as though you’re taking the process lightly. Be polite, but don’t go for laughs.

Stay Calm

Divorce depositions are difficult. You’ll have to answer questions you feel are not relevant or touch on events that are painful or uncomfortable for you to talk about. Remain polite and as calm as you can throughout the conversation. Shouting or cursing won’t help anyone but your spouse.

Listen to Your Attorney

Your attorney isn’t just there for moral support. They have experience with divorce litigation and can guide you on what you should and shouldn’t do. They can identify potential issues in your case and will do everything they can to steer you away from problems.

Attend Your Deposition With Help From Experienced Lawyers

Going through a divorce is difficult enough, but needing to go to court can make the process feel unending. By working with an attorney, you can have a clearer idea of what to expect from steps like going to a deposition.

ConsumerShield offers the chance for you to find an experienced divorce lawyer in your area. We can put you in contact with professionals who have the knowledge and experience to guide you through divorce proceedings and handle even the most complex cases. Contact us to learn more about how we can help you.