A deposition seems to be one of the most difficult segments of a divorce procedure. This may be due to multiple reasons, starting from the direct questioning method to the difficult preparation involved. Regardless of how undesirable it is, your divorce would still need a deposition.
That said, before learning how to face it, it is quite crucial to know and understand what a divorce deposition actually is and why it is conducted in the first place.
What is Divorce Deposition?
Depositions are basically oral sessions of questions and answers that are conducted in the office of a lawyer, in the presence of a reporter from the court. The session involves the deponent, his/her attorney, his/her spouse, and his/her spouse’s attorney.
The deponent has to take an oath to speak the truth. Following that s/he has to face the questions asked by his/her spouse’s attorney. The reporter jots down all the answers of the deponent in shorthand and later converts them into words. The answers given by deponent during the deposition have to match with the things s/he says at the trial.
Why Is a Divorce Deposition Carried Out?
Depositions are used for three primary purposes:
- Uncover relevant data
- Observe the deponent’s memory, demeanor, and poise
- Intimidate the deponent
How Can You Survive Your Divorce Deposition?
1. Prepare Properly
The first step to face a divorce deposition boldly and confidently is preparing well for the same. You need to begin your preparation long before the session date. Here are a few tips that can help you in preparing yourself for your divorce deposition:
- Try to jot down important happenings from the marriage in chronological order.
- Stand in front of the mirror and ask yourself probable questions about these happenings and try to answer them.
- Jot down all the financial data associated with the marriage, including personal financial data.
- Work closely with your lawyer throughout the whole process to develop a good and dependable deposition strategy.
2. Listen Carefully
The next tip for a smooth divorce deposition is listening carefully and patiently to the questions asked by the lawyer of your spouse. Listen to the complete question before answering and do not interrupt. It is likely for you to think that you know the question before your questioner completes it. Your guess might be right. However, if you do not get it right, you may end up supplying the questioner certain critical information that he /she would have never been able to obtain otherwise.
3. Be Wise in Choosing the Words You Use
Answer the questions loudly and clearly. No one has time or patience to take down your head nods and gestures. Use words that you really understand and avoid using vocabulary you are not actually sure of. If you do not understand a query clearly, do not answer it.
4. Do Not Lose Your Temper
It is the job of your partner’s attorney to keep rattling you throughout the deposition process. However, it is your job to decide to not allow that to happen before entering the door. Deal with every question politely.
If you feel nervous or frustrated and require a small break, then go ahead and take one. However, make sure your nervousness does not get reflected in your answers or choice of words. Remember, once you end up losing your temper, you become prone to making mistakes.
5. Dress Appropriately
Your partner’s attorney will try his best to determine as to what type of witness you would likely be at the trial. Your way of dressing forms a major factor in figuring that out. Hence, consider dressing for the deposition in a way that you will want to dress up for the court. You require wearing clean, ironed, and conservative clothes. You can wear business casuals. However, avoid wearing attires that are too sloppy, too tight, or too revealing.
6. Be Honest
This is probably the most crucial, yet the most frequently forgotten deposition tip. Regardless of whatever it may call for, always speak the truth. You might think that your lie would not get caught. It may not get caught even. However, if it does, the price can be immensely high. A lie can destroy both your integrity and credibility.
The Final Thoughts
In a deposition, proper preparation is the key to success. If you are prepared well, no one can intimidate you, trap you, or extract things from you that you want to keep confidential. So, practice mock deposition sessions with yourself, your attorney, or your associate. The above tips are sure to give you strength and confidence before as well as during your deposition session. Furthermore, Stuart fl divorce lawyers can also help you get prepped for your deposition so that you survive and manage it smoothly and effortlessly.