What Questions Will I Be Asked In A Divorce Deposition?

The divorce process often involves depositions, during which both parties will be required to answer a series of questions, posed by each other’s attorneys, about issues that are in dispute. These answers can then be used at trial if the divorce ends up in litigation. In fact, it may be easiest to think of a deposition as a rehearsal for the divorce trial, as the questions are often the same. However, if someone gives a different answer at trial than was given at the deposition, he or she can expect to be closely questioned by the other spouse’s attorney regarding the inconsistency.

The kinds of questions that a person can expect to face at a divorce deposition will depend on the facts of the case. There are some subjects, however, that tend to come up more often than others. To learn more about these subjects and the importance of the deposition to your own case, you should think about reaching out to an experienced Fort Lauderdale divorce attorney for help.

Financial Questions

A couple’s finances almost always come up during divorce depositions, as establishing each of the party’s assets and debts will be critical to the process of dividing the couple’s marital property and liabilities. To this end, a spouse’s attorney may ask about the other individual’s income, debts, inheritances, separate property, expenses, and spending habits. The answers to these questions could also play a role in determining alimony or child support payments.

Childcare Questions

Couples who share children can also expect to be asked questions about those children, including:

• How involved they are in their child’s day-to-day life;
• Which parent is primarily responsible for childcare;
• Where the child attends school;
• What the family’s home life is like; and
• Whether the child has unique needs.

The answers to these questions can help courts make informed decisions when creating a parenting plan. If one parent is the primary earner, while the other parent provides the majority of childcare, for instance, then it may be in the child’s best interests to retain the same type of schedule, albeit with regular visitation with the other parent. The answers can also give both parties a better understanding of the type of custody arrangement that the other would prefer.

Health-Related Questions

Another topic that may come up during a divorce deposition is the parties’ health, including whether either individual is suffering from a mental or physical medical condition and if so, what treatments they are receiving. The answers to these questions could partially dictate how much responsibility or physical custody a parent is given, or whether a higher alimony award may be necessary to support the other spouse.

We Can Help You Prepare for a Divorce Deposition

Knowing what kinds of questions you can be expected to answer at a divorce deposition can make all the difference in the outcome of your case. Call dedicated divorce lawyer Sandra Bonfiglio, P.A. at 954-945-7591 today to learn more, or contact us online to set up a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html