What Questions are Asked in a Divorce Deposition?
When a couple decides to get a divorce, each person involved must provide testimony in a deposition. This is done so that both parties can have an opportunity to share their account of what happened during the marriage. The questions asked in a divorce deposition vary but usually center around the events leading up to the decision to divorce, as well as any financial or child custody issues.
If you are considering divorce, or are in the midst of a divorce, you may be wondering what questions will be asked in a deposition. A deposition is a formal question-and-answer session between the attorneys representing each spouse. The questions asked will be about your marriage, your spouse, your finances, and any other relevant information.
The purpose of a deposition is to gather the information that can be used in court if the case goes to trial. Depositions are also used to settle cases out of court. If both sides can agree on the answers to the questions asked during the deposition, they may be able to avoid going to trial altogether.
Some of the most common questions asked during a divorce deposition include:
-When and where were you married?
-How long have you been separated?
-What are the grounds for divorce? -What is your current relationship with your spouse? -What are your living arrangements?
-Do you have any children? If so, how many and what are their ages? -Who has primary custody of the children?
Does anyone else have visitation rights? When was the last time you saw your children (if not living with you)? What is their relationship with their other parent like ( if not living with you)?
-Do either of you have an outstanding child support obligation from a previous relationship/marriage? Does either of you pay or receive alimony from another relationship/marriage?
-How much do you earn per year (or how much did you earn last year)?
-What does/did your spouse earn per year?
-How much debt do each of you have (separate or joint debts)
-What assets do each of you own separately or jointly
-Will either of you seek spousal support/maintenance?
-How much do you expect to receive/pay in spousal support/maintenance?
-Are there any restraining orders or protective orders currently in place against either party?
-Have there ever been any restraining orders or protective orders against either party in the past?
What are Typical Deposition Questions?
Typical deposition questions will ask about your personal background, education, and work history. The questions will also ask about the facts of the case, including what happened leading up to the incident in question, what you saw and heard during the incident and your actions after the incident. Additionally, you may be asked questions designed to elicit information that could be used to impeach your credibility as a witness.
What Can You Not Ask During a Deposition?
In a deposition, you cannot ask questions that are not relevant to the case or that would require the person being deposed to speculate. You also cannot ask questions that are protected by the attorney-client privilege or work product doctrine. Finally, you cannot ask questions that are intended to harass, embarrass, or annoy the person being deposed.
Can You Answer I Don’t Know in a Deposition?
The answer to this question is complicated and depends on a number of factors. In general, you should avoid answering “I don’t know” in a deposition whenever possible. However, there are times when it may be necessary or appropriate to do so.
The main reason you want to avoid saying “I don’t know” is that it can be used against you later. If you say “I don’t know” in response to a question, the other side may argue that you are not being truthful or that you are trying to hide something. Additionally, the court may view your answers as evasive if you keep saying “I don’t know.”
That said, there are times when it may be perfectly fine to say “I don’t know.” For example, if you are truly unsure of the answer to a question, then there is no reason to try and guess an answer. Additionally, if a question is overly broad or vague, you may legitimately not have any information that would enable you to answer the question.
In these cases, simply telling the truth and explaining why you cannot answer the question should suffice. Ultimately, whether or not you can say “I don’t know” in a deposition will depend on the specific circumstances of your case. If in doubt, it is always best to consult with an experienced attorney who can advise you on how best to proceed.
What is the Best Way to Answer Deposition Questions?
The best way to answer deposition questions is, to be honest, and forthcoming. It is also important to be prepared and have a clear understanding of the case. Deposition questions can be difficult and confusing, so it is helpful to have an attorney present who can help guide you through the process.
Lawyers Share Favorite Divorce Deposition Questions
Nasty Divorce Deposition Questions
Divorce depositions are often nasty, with both sides attacking each other in an attempt to prove their point. The questions asked during a divorce deposition can be just as nasty, and sometimes even more so. Here are some examples of the types of questions that might be asked during a divorce deposition:
1. What was the reason for your divorce?
2. How much money did you spend on your divorce?
3. How much time did you spend with your children during your marriage?
4. What were the reasons for your financial problems during your marriage?
5. Who was responsible for the credit card debt in your marriage?
Conclusion
The deposition is a question-and-answer session between the attorney representing the spouse who is filing for divorce and the other spouse. The questions asked in a divorce deposition are designed to gather information about the marriage, financial situation, and any children of the couple. The purpose of the deposition is to allow both sides to present their case before a judge decides on the divorce settlement.
