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Preparing for the Divorce Deposition


When couples settle their divorce matters early on, such as through mediation, they can avoid many of the contentious court procedures that come along with it. Today, most divorce cases settle long before taking the case to court becomes necessary. However, depositions can still be an essential part of the divorce process.

What Is a Deposition?

Simply put, a party or witness will be asked a series of questions by one or both attorneys, intended to learn more about that person and to discern the facts. Note that each deposition will also have a court reporter present, who will record all of the statements made, and that can later be used during the divorce proceedings.

We at Coker, Robb & Cannon, Family Lawyers have encountered many of the myths about what to do during your deposition, many of them ill-advised. Let us set the record straight, dispelling some of these myths, while offering some useful and practical tips.

1.Tell the truth.

Bending the truth, even slightly, is considered lying under oath. Since a deposition typically takes place long before trial, there’s a big likelihood that the truth will be discovered before trial and you will be caught in the lie.

2.Listen carefully before answering the question.

Many of us begin thinking about a response before we have had a chance to listen to the entire question. Sometimes it is due to nerves and other times it is because we think we already know the answer. You might give the wrong information or answer incorrectly, which can ultimately hurt the outcome of your case. No one is being timed during a deposition, so you should never have to feel rushed. Take all the time you need to answer the question.

3.The other attorney is neither your friend nor your ally.

No matter how friendly the opposition may seem, remember that they are not working for your best interests. They formulate questions to gather information to use later to help their client, which is not usually helpful to our case. Once you are done speaking, the other attorney might ask, “Is there anything else?” in an attempt for you to add to or amend a testimony. The fewer words in a deposition, the better it is for you all around.

If you would like more advice about the deposition process or would like to see what our legal team can do for you, do not hesitate to contact Coker, Robb & Cannon, Family Lawyers for a case consultation. We serve clients throughout the Denton and Collin County, Texas areas.

Request your case consultation by calling (940) 293-2313.

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