What To Know About Your Pretrial Divorce Deposition

Unless you and your spouse are able to agree on every single divorce issue, you might be headed for a court case. Divorce trials, in some cases, can get complicated. In this instance, complications refer to contested issues like:

  • Child custody, visitation, and support
  • Spousal support
  • Marital property
  • Marital debt
  • And more.

Any one of the above can call for a divorce case that's built upon a lot of financial documentation, custody evaluations, forensic accountancy investigations, and more. When a divorce case calls for lots of evidence and witnesses, discovery may be called for. Read on to find out what to expect at your divorce deposition.

Pretrial Discovery Activities

Before any sort of trial begins, there is often a need for discovery. This information-sharing activity assures that all parties begin the trial armed with facts and as much information as possible about the upcoming case. Discovery is meant to eliminate any surprises and make the time in court as brief and productive as possible.


Discovery involves several different activities, but the deposition is one that will directly involve the participants. You should think of a divorce deposition as being quite similar to a court proceeding where testimony is given. Instead of a courtroom, depositions are held in conference rooms and there is no judge there, but testimony is given under oath and everything that occurs at a deposition can be used during the trial.

Who Participates in the Deposition?

Unlike courtroom testimony, a deposition is held privately. Only those being questioned, the attorneys, and a court reporter are present for a deposition. Witnesses are called one at a time. In a divorce proceeding, that might mean anything from a pediatrician testifying about a child's welfare to a private investigator speaking about their findings.

Ask Your Attorney to Help Prepare You

Experienced divorce attorneys know what to expect when it comes to depositions. When a case goes to trial, there are certain issues in contention and previous discovery practices would have alerted your attorney to those issues. While you cannot know exactly what will be asked in advance, you will know what issues will be discussed and how to respond to general areas of inquiry.

Settlements Are Possible

The issues that you and your spouse disagree about can always be settled out of court. In some cases, the information provided at a deposition spurs one side or the other to settle the case.

Speak to your divorce attorney to learn more about your divorce deposition.