A divorce deposition is a part of the process of discovery. This gives the lawyers representing each party the opportunity to ask questions of the other person to gather information for the divorce proceedings. It is important for each person to be represented by a legal professional during the deposition to protect individual rights. The result of a deposition is a legal transcript that contains all of the answers given to the questions asked during the event.
The deposition will begin with questions that are intended to gather some basic information about each party. Name, address and work information will be gathered at this time. The questioning will then move on to focus on details related to events that are relevant to the divorce proceedings. Attorneys may ask about the date of a transfer of assets during this portion of the deposition. Attorneys who are representing a client during an at-fault divorce proceeding may ask about the timeline of acts of infidelity.
Personal questions about the character of each individual are more likely to be asked when custody is involved. The use of illegal substances or the abuse of alcohol may be brought up when the custody of a child is being determined. Both individuals will also be questioned about their relationships with other people. The purpose of this line of questioning is to determine whether children will come into contact with other family members or romantic interests of either parent.
Financial questions are common during the deposition. The purpose of financial questions is to determine whether there are assets that should be divided during the divorce proceedings. Common questions related to the finances of each individual involve bank accounts, deposits, transfers and property ownership. Questions about debt will also be asked to determine the balances owed on mortgages, auto loans, student loans and credit cards.
Questions about the divorce hearing will also be asked. Each party is entitled to know whether witnesses will be called during the trial, so attorneys will use the deposition as an opportunity to gather information about other parties who may provide testimony.