Everything You Need to Know About Depositions During Divorce

 Posted on October 13, 2022 in Divorce

Contested divorce cases often become contentious. Disputes may arise regarding the division of property and debt, the allocation of parental responsibilities and parenting time, spousal maintenance, child support, and other issues. In some situations, depositions are used to gather information and evidence relevant to the disputed issues. If you are getting divorced, it is important for you to understand how and when depositions may be used in your case.

What is a Deposition?

Depositions are interviews that take place under oath. In a divorce deposition, each spouse and his or her respective attorney answer questions pertinent to the divorce case. Most depositions are conducted in person, but some take place over phone or video conferencing.

Spouses may be asked to answer questions such as:

• What are your main sources of income?

• Have you transferred ownership of assets in the past 12 months?

• What is your relationship like with your children?

• How much money do you make each month?

When are Depositions Used in a Divorce Case?

Depositions are only used in situations where there is a disagreement between the divorcing spouses. In other words, if both spouses are in full agreement about all aspects of the divorce, there is no need for depositions.

Depositions may be used to: 

• Gather information about assets and debts

• Question each spouse about his or her income

• Determine whether one spouse has hidden assets

• Establish a spouse's true financial worth

In cases where there is a disagreement about parenting time and parental responsibilities, depositions may also be used to:

• Gain insight into a spouse's relationship with the children

• Assess each parent's ability to care for and nurture the children

• Determine which parent should have primary custody of the children

How Do I Prepare for a Divorce Deposition?

If you are scheduled to give a deposition, it is important to take the time to prepare. This means reviewing all documents related to your case and preparing for questions that may be asked about them. If there are any discrepancies in the documents, be prepared to explain them. Your lawyer will help you prepare for your deposition and will be with you during the questioning.

What Happens After a Deposition?

After a deposition, the attorneys will review the transcript and may use it as evidence in court. In some cases, the information gathered during a deposition may be used to reach a settlement agreement between the spouses.

Contact a DuPage County Divorce Lawyer

Divorce cases involving complex financial issues, child custody disputes, allegations of hidden assets, and other complicated matters may involve depositions. Individuals going through a contested divorce case need a strong, experienced divorce lawyer on their side. At Goostree Law Group, our Wheaton divorce attorneys have the knowledge and legal experience necessary to fight for our clients and protect their rights. Call 630-364-4046 to set up a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.aspDocName=073500050HArt%2E+VIII+Pt%2E+23&ActID=2017&ChapterID=56&SeqStart=65600000&SeqEnd=65800000