Divorce Deposition Questions
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A Deposition is a tool of the Discovery Process. There are 2 main reasons for conducting a deposition as follows.
- To disclose documents and / or information that are pertaining to the topics in the divorce case
- To extract statements that can be utilized in a trial
The divorcing partners, their lawyers and witnesses are present at a Deposition. Any divorcing party or the potential witness may be deposed. The individual who is deposed is known as the Deponent.
A Deposition means that the lawyer calls the witness to testify while a court reporter is present. The witness is sworn in and then must answer truthfully under oath. The testimony that is made under oath is later transcribed by the court reporter and converted to a word by word and written document. Such a document might be used by the opposite lawyer for cross examination at a latter stage.
Examples of Divorce Deposition Questions
- Mention all the residences where you have lived from the date of filing of this suit?
- Presently have you taken any medications that would impact your ability to provide answers?
- Currently with whom do you reside and do you keep good health?
- Furnish your employment or business address?
- Whether you and your spouse have eaten and entertained off the expense account?
- For what duration of time have you supported your partner?
- While you were making a career change, did your spouse support you?
- As per your knowledge, which physical and mental health problems does your spouse have? To who have you disclosed these?
- What are your hours of work?
- Do you have any income that was not disclosed in the taxes?
- Can you estimate how much income you would have in the coming year?
- During marital life, was your partner a good homemaker? Did your partner take care of the children, assist you with clients, manage the business books and handle finances and bills?
- Have you set up any trusts? Are you the beneficiary of any trusts? Do you have any stock options?
- Are any certificates of deposit in your name?
- Have you placed a tap on the phone of your spouse?
It must be borne in mind that the above questions have been provided as an illustration. In advance of the deposition, the concerned persons must consult a lawyer regarding which questions are likely to be asked. The more experience the lawyer has in this field, the better way the lawyer can provide a list of questions.
Sample Divorce Deposition Questions asked
- The lawyer of the opposite party may ask the deponent something to gauge if there exist any items or documents that are relevant to the divorce case. It is recommended that the deponent should not carry any such documents to the deposition except when they were requested through a subpoena or Notice of Deposition
- During the deposition, if the deponent mentions any events or incidents pertaining to the divorce case, the lawyer of the opposite party might attempt to gain details of these events or incidents. The deponent must mention the dates and times of these very precisely. If unsure, the deponent must never mention the dates and times.
- The individual, who conducts the deposition, asks the names, identities and addresses of the deponents. If the deponent mentions any incident related to the case, the individual can as the name and address of the persons who were also present during this incident
- The deponent may be asked what records have been reviewed and with whom and what have they consulted with as a preparation for the testimony of the deposition
- The deponent's personal facts and background, the relation of the deponent with the divorcing parties and the role of the deponent in the divorce case is asked