In almost every state, the legal process for divorce is exceedingly formal. Getting to the truth of the matter in divorce proceedings can be tricky and requires many tools to help a judge make a concrete decision. One of those critical pieces to the puzzle is a divorce deposition.
What is a Divorce Deposition?
In any court case, depositions can, and often are utilized. A deposition is an interview done under oath that takes place outside the courtroom. Depositions are used as part of the proceedings, and participants must be available in the event that the opposing counsel wants an interview.
During a deposition, a court reporter is present to record the interview to ensure the courts have a reliable transcript for both lawyers. It is important that depositions, especially as they relate to divorce, are honest. Since parties are under oath, any lies uncovered are considered a felony, known as perjury.
Are Depositions Necessary in Divorce?
You may be asked to provide a deposition during the divorce process in Ohio. A deposition can last anywhere from a few minutes to a few hours. While depositions aren’t always necessary in a divorce, they are beneficial to obtaining truthful information about both parties prior to meeting in court.
Divorce depositions aren’t required for every case. They are most commonly used in custody cases or complex, contentious, or high-asset divorce cases.
While divorce depositions are often helpful, they are sometimes an under-utilized tool. It’s essential to speak with your divorce attorney and understand when and how a divorce deposition might make sense in your specific court case.
The purpose of a divorce deposition is to acquire the following information:
- Child custody issues
- How a party will testify at trial
During a divorce deposition, your party’s counsel has the opportunity to object to certain questions, but only with the intent to discuss them during the trial. There are very few circumstances where you would be instructed not to answer posed questions during a deposition.
It is important, however, that you only answer the questions being asked. Never volunteer additional information. If it is a yes or no question, answer using only one word. Don’t explain your answers, and try not to provide additional context. Providing too much detail can make your deposition more likely to be used against you in court and can sometimes come across as untrustworthy.
Divorce depositions are often used as reference material for actual court proceedings and can be called upon if one of the parties tries to change a testimony during court. It is the job of your divorce lawyer to help guide you through a deposition to ensure you answer honestly and in a way that will help your case and not hurt it.
Choosing a Divorce Lawyer in Ohio
The Ohio divorce lawyer you choose should be knowledgeable enough to walk you through a divorce deposition and its pros and cons. Working with the Law Offices of Kenneth R. Kline LLC will help you feel confident you’ll make the right decisions for your specific case. Set up a free consultation with our office.