Divorce proceedings involve many procedural steps. During the discovery process – that is, the evidence-gathering phase – you may need to attend depositions. A deposition involves providing sworn testimony outside of court. It’s an important opportunity for both sides to cement their cases through strategic questioning under oath.
Navigating a deposition can be challenging, especially when emotions are running high. Because the testimony provided during depositions is admissible in court, it’s critical to approach depositions with care and thoughtfulness. A solid deposition strategy can help lay a strong foundation for your divorce case. With the right guidance and preparation, you can turn what might seem like an overwhelming experience into an opportunity to present your side of the story accurately and effectively.
Below, we will highlight general strategies for divorce depositions and common pitfalls to avoid. Whether you’re concerned about the types of questions you might face or worried about how to handle unexpected queries, learning about deposition basics can go a long way toward easing your mind.
What exactly is a deposition?
A deposition is a formal statement given under oath. It’s typically conducted outside of the courtroom, in a lawyer’s office or another neutral setting. The session is recorded by a court reporter. The Florida Family Law Rules of Procedure provide a legal framework for depositions in divorce cases.
During a deposition, you will be asked questions by the opposing party’s attorney. You will also have the opportunity to ask the other party questions. This testimony may later be used in court, so it’s crucial to approach the deposition with the utmost seriousness and preparation.
The do’s of being deposed
Here are some tips for a successful deposition in a high-stakes divorce case:
- Do prepare thoroughly: To effectively prepare for your deposition, review relevant documents such as financial statements, emails or text messages that may come up during the deposition. Familiarize yourself with the details, and consider any potential questions you might be asked. It’s also advisable to meet with your attorney beforehand to discuss the deposition process and strategize on how to best present your testimony. A good lawyer can anticipate tricky questions and help you prepare strategic responses.
- Do listen carefully: Pay close attention to each question asked. Make sure you understand the question fully before responding. If you are uncertain, don’t hesitate to ask for clarification.
- Do be truthful: Always provide truthful answers, as discrepancies or falsehoods can undermine your credibility and harm your case.
- Do stay calm and composed: Maintain a calm demeanor, even if the questions become uncomfortable or challenging. Staying composed will help you think clearly and respond appropriately. If you are getting overwhelmed, ask to take a break.
- Do lean on your attorney for help: Your attorney is there to guide and support you through the deposition process. Don’t hesitate to rely on their guidance and ask for advice on how to handle difficult questions or situations. Effective collaboration with your legal counsel can significantly enhance your deposition experience.
The don’ts of being deposed
Here are some common pitfalls to avoid when undergoing a divorce deposition:
- Don’t volunteer information: Avoid offering additional information beyond what is asked, as doing so can muddy the evidentiary waters and invite further lines of questioning that are best avoided. Stick to answering the questions directly and succinctly.
- Don’t guess or speculate: If you’re unsure of the answer to a question, it’s perfectly fine to admit it. Don’t guess or speculate, as misrepresentations can harm your credibility and speculating can result in assumptions that undermine your interests.
- Don’t argue or become defensive: Keep your emotions in check, and refrain from arguing with the opposing counsel. Remaining professional will help you maintain credibility. If things get heated, ask to take a break. Stepping away for a few minutes can help you re-center and avoid getting sidetracked by emotional reactions that may not serve your best interests.
Embrace the opportunity to make the most of your deposition
While a deposition is indeed a big deal, it doesn’t have to derail your confidence or erode your progress. Being prepared – and knowing what to expect – can make the process much smoother. Instead of seeing it as a hurdle to overcome, you can see it as an opportunity to gather evidence and establish your case in a thorough and strategic manner.