By Alan J. Pransky | Attorney at Law
One of the most stressful events in a divorce case can be receiving notice that you must appear for a deposition. Many people have never participated in a deposition before and are understandably nervous about what will happen.
The good news is that proper preparation can make the process much less intimidating.
What Is a Divorce Deposition?
A deposition is a formal question-and-answer session that takes place before trial. The witness is placed under oath and answers questions asked by attorneys. Everything that is said is recorded by a court reporter and may later be used in court.
In Massachusetts divorce and family law cases, depositions are part of the discovery process. Attorneys use them to gather information, evaluate the strengths and weaknesses of a case, preserve testimony, and assess how a witness may perform at trial.
A deposition may last anywhere from a few hours to several days depending on the complexity of the issues involved.
Meet with Your Attorney in Advance
One of the most important steps is to meet with your attorney before the deposition.
Your lawyer will usually discuss the procedure that will be followed during the deposition. The discussion should include where everyone will sit, how the questioning will proceed, how breaks are handled, and the difference between being “on the record” and “off the record.”
Your attorney also will typically review:
- The issues in dispute.
- The likely areas of questioning.
- Relevant documents and financial records.
- Prior court filings and answers to interrogatories.
- Any concerns about difficult subjects that may arise.
- Any weaknesses in the case that the opposing attorney is likely to explore.
A preparation session is not about memorizing answers. In fact, rehearsed answers often sound unnatural and can damage credibility. Instead, preparation helps you understand the process, refresh your memory, and become familiar with the topics that are likely to be discussed.
Review Important Documents
You should refresh your memory regarding the facts of your case. Depending on the issues involved, your attorney may ask you to review:
- Financial statements.
- Tax returns.
- Bank records.
- Retirement account statements.
- Business records.
- Text messages and emails.
- Prior court orders.
- Parenting schedules and calendars.
Reviewing documents beforehand can help avoid unnecessary mistakes caused by faulty memory.
Remember that it is perfectly acceptable to say, “I don’t remember” if you genuinely do not recall something. It is far better to admit a lack of memory than to guess and provide inaccurate testimony.
Prepare a Proposed Divorce Judgment
One useful exercise that many people overlook is preparing a proposed divorce judgment or settlement proposal.
It is important for you to understand what you ultimately want the court to order regarding custody, parenting time, child support, alimony, property division, health insurance, and other issues.
Having a clear understanding of your goals helps you recognize how questions relate to the real issues in the case. It can also help separate emotion from logic.
Divorce litigation often involves discussions about painful events from the marriage. While those events may be emotionally significant, they are not always legally significant. Keeping your focus on the outcomes you hope to achieve can help you remain composed and avoid becoming distracted by issues that are unlikely to affect the final result.
Witnesses who remain focused, answer the questions asked, and avoid volunteering unnecessary information often appear more credible than witnesses who argue with opposing counsel or attempt to use the deposition as an opportunity to tell their entire story.
Final Thoughts
A divorce deposition is an important part of the litigation process, but it does not have to be frightening.
The purpose of a deposition is not to trap you. It is a tool used by attorneys to gather information and evaluate the evidence in a case.
With proper preparation and guidance from your attorney, a deposition can be managed effectively and may even help move your case toward settlement by clarifying the strengths and weaknesses of each party’s position.
