- Firm Overview
- Practice Areas
- Family Law Victories
- Personal Injury Victories
- Info Center
At some point during the divorce process, your spouse’s attorney may send you a notice asking you to appear at a deposition. A deposition is part of the discovery phase of a trial and it allows each side to obtain important information about a case. Along with your attorney and your spouse’s, a court reporter will attend your deposition and record everything that is said. If your divorce involves child custody matters, a Guardian Ad Litem may also attend.
Depositions are often very intimidating, particularly if you have never attended one before. Proper preparation can help you overcome any nervousness you may feel, and ensure you do not hurt your case during the preparation. Below are some tips to help ensure you are properly prepared for your deposition.
Many people are used to interrupting each other, and being interrupted. It is crucial that you do not do this during the deposition. There is a chance that you do not know the question your spouse’s attorney is going to ask, and you could provide information that is useful to them, but harmful to your case. Listening to the full question also gives you a chance to pause and really form your full answer in a way that will also not hurt your case.
It is the opposing attorney’s job to form clear and intelligible questions. If you do not understand a question, tell them that and ask them to repeat it or frame it in a different way. Again, this is the only way to be sure that you are answering the question they asked, and only that question.
Your spouse’s attorney may ask questions, such as specifics surrounding the events that led up to the divorce. If you do not remember, it is important to say so and that you do not guess at the answers. If you are fairly certain of the answer, but still are not 100 percent sure, it is important to say that, as well.
Sometimes, your spouse’s attorney may not say anything after you have answered a question. They may raise their eyebrows, tilt their head, or they may even just stare at you. Some attorneys do this to try and compel you into providing more information. Other times, they are simply determining how to form their next question. Whatever the reason for their silence, it is important that you do not feel compelled to fill it. Be confident with your answers and after you have answered the question, just wait for the next one.
Depositions are intimidating for many, but a dedicated Hinsdale divorce lawyer can help you prepare for yours, so you do not inadvertently hurt your case. At the Law Office of Martoccio & Martoccio, our knowledgeable attorneys can prepare you for your deposition, remain by your side during the process, and help you through every other step of the divorce process. Call us today at 630-920-8855 or contact us online to schedule your free initial consultation and to learn more about how we can help.