Divorce and child custody cases often require gathering detailed evidence to support your claims and protect your interests. One powerful legal tool used to uncover information is a deposition. If you're going through a divorce or child custody dispute, understanding what a deposition is and how it can work to your advantage is essential. 

In this blog, we'll explain what a deposition is, how it works, and why it can play a critical role in achieving a favorable outcome in your family law case.

What is a Deposition?

A deposition is a legal process where a witness or party to a case gives sworn, out-of-court testimony under oath. It is part of the discovery process, which allows both sides to gather information, clarify facts, and prepare for trial.

During a deposition:

• The person being questioned, called the deponent, answers questions from attorneys.
• The testimony is recorded, usually by a court reporter, and may be videotaped.
• Depositions take place in a neutral setting, such as an attorney's office, not in court.

While depositions are less formal than courtroom testimony, the answers provided are under oath and can be used as evidence in court.

How Do Depositions Work in Divorce and Child Custody Cases?

Depositions allow attorneys to collect valuable information about the issues in dispute, such as property division, spousal support, child custody, and parenting time. Here's a step-by-step look at how they work:

1. Notice of Deposition

   • A party (or their attorney) will notify the opposing side and any witnesses of the date, time, and location of the deposition.

2. The Deposition Process

   • The deponent is sworn in and required to tell the truth.
   • Attorneys ask a series of questions related to the case, and the deponent provides answers.
   • A court reporter or videographer records everything said during the deposition.

3. Post-Deposition Use

   • The testimony can be transcribed and used in court to challenge a witness's credibility, clarify inconsistencies, or strengthen a legal argument.

How Can Depositions Help in Divorce Cases?

Depositions are particularly helpful in divorce cases for gathering evidence and ensuring transparency. Here's how:

1. Uncover Hidden Information

   • Depositions can reveal important details about a spouse's finances, such as undisclosed income, assets, or debts.
   • They allow attorneys to ask questions about property ownership, spending habits, or other matters relevant to asset division.

2. Clarify Testimonies

   • By questioning a spouse or witness under oath, attorneys can clarify statements and establish facts, reducing the risk of surprises at trial.

3. Assess Credibility

   • Depositions allow attorneys to assess how well a witness performs under questioning. If someone provides conflicting statements, their credibility can be challenged later in court.

4. Resolve Disputes Before Trial

   • Depositions often lead to settlements. Once key facts are uncovered, both parties may better understand the strengths and weaknesses of their positions and decide to negotiate an agreement instead of going to trial.

How Can Depositions Help in Child Custody Cases?

Depositions are equally valuable in child custody disputes where the child's best interests are the central focus. They can help by:

1. Gathering Evidence of Parental Fitness

   • Attorneys can question witnesses, such as teachers, doctors, or family members, to uncover evidence about a parent's involvement in the child's life, caregiving abilities, and living conditions.

2. Exposing Misconduct

   • Depositions may reveal evidence of behavior that could impact custody decisions, such as substance abuse, neglect, or alienation of the other parent.

3. Clarifying Parenting Plans

   • Depositions help attorneys gain insight into each parent's plans for custody, visitation schedules, and co-parenting approaches.

4. Understanding the Child's Needs

   • Testimony from experts (like child psychologists) or other witnesses can clarify the child's needs and preferences, providing the court with a fuller picture of what arrangement serves the child's best interests.

What Should You Expect During a Deposition?

If you are required to give a deposition, preparation is key. Here's what to expect:

• Your attorney will prepare you by reviewing potential questions and helping you stay calm and clear under pressure.
• You'll be asked a variety of questions about your finances, parenting abilities, daily routines, and other relevant issues.
• You should answer truthfully, directly, and without offering unnecessary information.

Why You Need an Experienced Attorney for Depositions

Depositions are powerful tools, but they must be handled carefully. Having an experienced family law attorney on your side ensures that:

• Questions asked during the deposition are strategic and focused on strengthening your case.
• Your rights are protected if you are being deposed, and you are fully prepared for questioning.
• The deposition testimony is used effectively during negotiations or trial.

At Shakhan & Wilkerson we leverage depositions to gather critical evidence, clarify disputes, and build a strong case for our clients.

Depositions are an essential part of the divorce and child custody process, providing a way to uncover key information and strengthen your case. Whether you are seeking fair property division, spousal support, or custody arrangements that protect your child's well-being, depositions can make a significant difference.

If you're facing a family law case, our experienced attorneys are here to guide you every step of the way.

📞 Contact us today to schedule a consultation and learn how we can help you achieve the best outcome in your divorce or child custody matter.