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Divorce and the dreaded deposition

It’s obvious. Your marriage isn’t working anymore. You are your spouse are both unhappy, and your children are living in a stressful and unhealthy environment. Rather than continuing in an unhappy marriage, divorce may be the best option.

Once you’ve made the decision to divorce, often the most difficult work has already been done. That’s not to say, however, that the divorce process is easy. But with the right preparation, the process doesn’t have to be scary or intimidating.

How to prepare for a deposition

For many individuals going through a divorce, being deposed is one of the most anxiety-provoking steps in the divorce process. While it can be intimidating to be under oath and questioned by your ex’s attorney, it’s important to remain calm and to answer all questions honestly.

In a divorce case, the deposition process provides an opportunity for opposing counsel to learn more about you as well as information that pertains to the divorce. Prior to a deposition, it’s important to keep the following in mind:

  1. Breathe. A deposition isn’t an interrogation and shouldn’t be approached in this manner by either party. You can take comfort in knowing that your attorney will be present the entire time, and that they can provide advice on how to answer any questions that may be confusing, uncomfortable or difficult.
  2. Listen. It can be easy to focus on only the first part of an attorney’s question and fail to hear the full question. Your answer may therefore fail to address key issues, which could potentially be used against you or paint you in a negative light.
  3. Be honest. During a deposition, you are under oath. It’s imperative, therefore, to provide answers and information that you believe to be truthful. It’s okay to simply reply “I don’t know” or to ask for more clarification when posed a question you’re unclear about.

When facing a deposition during the divorce process, it’s normal and natural to be nervous. A lot may be at stake – such as matters related to your finances or children. However, your lawyer will help you to prepare for your deposition, so that can give you some sense of ease. Try to remain calm, and focus on staying alert and honest throughout the questioning process.