Divorce Depositions In Florida
In Florida, the divorce process has several elements, and at times, a divorce deposition is one of the elements in the divorce process. Depositions are, at times, used during the discovery stage, which is the stage where each party obtains evidence and information from the other party. If you are going through a Florida divorce and find out you must attend a deposition, you may be concerned about what a deposition is and what will happen during a divorce deposition. Below, we discuss what a divorce deposition is, what happens during a divorce deposition, and some of the questions you can expect to be asked during your deposition.
What Is a Divorce Deposition and What Happens During a Deposition?
First, it is crucial to note that depositions are not necessary in all divorce cases. A divorce deposition may be necessary if, for example, one spouse fails to provide complete or accurate information when asked to produce certain information.
A divorce deposition is a session that happens before trial. During this session, a spouse’s attorney asks the other spouse questions with the aim of gathering evidence and information. Depositions happen outside of court. Usually, these sessions take place at an attorney’s office or in conference rooms.
You can expect your spouse and their attorney to be present at your deposition. Your lawyer will also be present at your deposition. You can also expect there to be a court reporter whose work is to document everything being said.
During a deposition, all answers are provided under oath. For this reason, you must be careful about what you say at a deposition. Lying at a divorce deposition could have legal repercussions. Also, if you lie, your spouse and their lawyer may use your words against you to secure a favorable outcome. You also want to ensure that you avoid guessing answers. If you are unsure about an answer or don’t know the answer to a question, it is best to say, “I am not sure,” or “I don’t know.” If your spouse’s attorney tries to pressure you into answering a question, stay calm and avoid guessing.
During your deposition, your attorney can object to questions your spouse’s attorney poses. However, you may still need to answer a question even if your attorney objects to it. The judge will later officially address all objections.
Questions You Can Expect To Be Asked During Your Divorce Deposition
The questions your spouse’s attorney will ask during your deposition depend on the facts of your case. However, the following are some of the subjects that come up repeatedly during divorce depositions;
- Financial questions: For instance, questions on finances may arise if it is suspected that a spouse is hiding assets.
- Parental responsibility (child custody) questions: If your divorce involves children, you may be asked questions pertaining to parental responsibility or child custody. For example, you may be asked what your children’s home life is like and who cares for your children in your absence.
- Questions about your health: You may have to answer questions about what mental or physical issues you may be suffering from and if these issues impede you from caring for your children and/or making sound financial decisions.
- Questions about your personal life: These questions are likely to be asked if your spouse is trying to show that you engage in dangerous or irresponsible behavior.
Contact an Orlando Divorce Lawyer
Our skilled Orlando divorce lawyers at The Arwani Law Firm can help you prepare for your divorce deposition and handle all other aspects of your divorce. Contact us today to schedule a consultation.