Deposition

A deposition is like a preview of courtroom testimony, but it happens outside the courtroom. You sit across from the opposing attorney, take an oath to tell the truth, and answer their questions — while a court reporter records every word. Your own attorney is present and can object to improper questions, but you still generally have to answer. Everything said creates a written transcript.

In divorce cases, depositions typically focus on finances, the history of the marriage, each spouse's parenting involvement, and any disputed facts. Either spouse can be deposed, and so can third-party witnesses like employers, accountants, or business partners. The attorney for the opposing side asks most of the questions.

Depositions serve two key purposes: gathering information and locking in testimony. If you say something at trial that contradicts what you said at your deposition, the opposing attorney will use the transcript to challenge your credibility. Consistency and careful, accurate answers are essential — not just during the deposition but throughout the entire process.

Depositions can be powerful tools for uncovering financial truths and testing the other side's credibility. Being thoroughly prepared — understanding the key financial facts, organizing your thoughts, and answering only what's asked — makes a significant difference in how a deposition unfolds.

Depositions are expensive. Each typically costs hundreds to thousands of dollars in attorney time and court reporter fees. They're most common in contested divorces involving significant assets or complex disputes. In simple or uncontested divorces, depositions are rarely necessary.