What Is a Divorce Deposition?

A man sitting across from another man talking

Testifying Before Attorneys

Divorce can be a complicated process, and understanding the legal aspects of it is essential. One of the critical steps in a divorce case is the deposition, which involves both parties answering questions under oath. Knowing what to expect during this process can help you prepare for it and ensure your rights are protected throughout your divorce proceedings. In this blog, we will discuss a deposition in a divorce, how to prepare for one, and any specific considerations that may apply if you are filing for divorce in California.

What a Deposition Is

A deposition is a formal questioning of parties involved in a lawsuit under oath. During the deposition, each party must answer questions from the opposing party's lawyers. Both parties will typically be called to testify in a divorce, though the process will vary depending on the state in which you are filing for divorce.

What Happens in a Deposition?

The purpose of the deposition is to get each party’s version of events and clarify any conflicting or unclear information. The lawyers will ask questions about the divorce's facts and circumstances, including financial matters such as assets and liabilities, child custody issues, and other relevant topics. Both parties must answer the questions truthfully and accurately, as the testimony given in a deposition can be used in court.

California Divorce Deposition

If you are filing for divorce in California, there are some additional considerations to keep in mind when preparing for a deposition. In California, depositions must occur at least two weeks before a court hearing. Additionally, the lawyers may ask questions related to California-specific laws, such as community property rules or spousal support guidelines. It is essential to understand these laws beforehand so you can answer the questions accurately and help protect your rights throughout the divorce process.

Preparing for a Deposition

Preparing for a deposition is an essential step in the divorce process. Practicing beforehand with a lawyer or friend can be helpful to ensure you know what to expect and are prepared to answer questions accurately. Additionally, you should review all relevant documents, such as financial statements or custody agreements, to provide accurate information during the deposition.

Work with a Pasadena Family Law Attorney

If you need help with any aspect of a divorce, including preparing for the deposition, the team at Schweitzer Law Partners is here to help. We can help protect your best interests throughout the process to help you achieve the best possible outcome.

Learn more about how we can help or schedule a consultation by calling (626) 788-5225 or visiting our website.