A divorce deposition is a formal legal proceeding where parties provide sworn testimony under oath, serving as a crucial part of the discovery process in Georgia divorce cases. This guide explains what to expect and how to prepare for a divorce deposition in Georgia.
Divorce depositions are formal, sworn statements given by divorcing parties in front of a court reporter who records and transcribes the testimony. While similar to court testimony, depositions typically take place in a more informal setting, such as an attorney's office, without a judge present.
At a deposition, the deponent (person being deposed) is usually obliged to respond to questions, although their attorney may raise limited objections on the grounds of form, relevancy, or privilege. A deponent is required to give the truth during a deposition and cannot withhold any information.
In addition to asking you a number of questions relevant to your case, your spouse's lawyer will also give you the chance to depose them at a later date. Expert witnesses who might be called into a case to help expound on certain topics might also have their depositions taken.
Although a judge does not attend a divorce deposition, they may occasionally be available if disagreements emerge about the questions being asked.
Under Georgia law, parties may obtain discovery regarding any relevant, non-privileged matter related to the pending action. After the contested action is filed, the Georgia Civil Practice Act grants both parties extensive discovery authorities.
Depositions are not generally required in divorce cases. They are usually employed when parties to a contentious divorce require outside assistance with the terms of their settlement agreement. In the case of an uncontested divorce, a deposition might not be necessary. Depositions can be particularly valuable in:
Through the deposition process, all parties receive information about all assets that are up for division, which can help you reach an equitable division of your marital assets. The testimony gathered during depositions helps attorneys prepare for trial and can be used to contradict later testimony if stories change. This makes depositions particularly valuable in contested divorces where significant disagreements exist between parties.
Setting and Participants
Documentation Requirements
Parties should prepare the following documents:
Depositions allow attorneys to collect vital information about assets, child custody matters, and spousal support. Both parties can submit evidence at depositions, such as documentation of asset ownership or details regarding matters like spousal maintenance and child custody.
The following subjects can be covered by typical divorce deposition questions, though the specific questions asked will differ for each case:
Every divorce has a unique set of circumstances, so a deposition can be helpful in gathering information and developing the best case strategy. The accuracy of each party's assertions can be established through a divorce deposition, which also serves as a useful indicator of how a person might respond to cross-examination during a trial.
Your deposition must be taken seriously. As a deponent, your spouse's lawyer is trying to discredit you in addition to finding ways to get information. You should consult with an experienced divorce lawyer who can adequately prepare you for the questions you will be asked at your divorce deposition.
Being well-prepared for your divorce deposition is crucial. Divorce depositions can be intimidating, so it's ideal to have an experienced lawyer at your side to guide you and defend your rights. Your attorney will be the best person to help you understand what to anticipate at your deposition and prepare you for the questions that will be asked. The following advice can help you get ready for your divorce deposition:
Document Review
Financial documentation should be carefully reviewed before the deposition to ensure all information is current and accurate.
Behavioral Guidelines
Maintaining composure is essential during the deposition process. Take time to pause and reflect before providing answers, and ensure responses are concise and directly address the questions asked.
Response Protocol
Honesty is paramount during testimony, as false statements can result in perjury charges. When uncertain about information, it's appropriate to state "I don't know" or "I don't remember" rather than making assumptions.
Post-Deposition Review
After the deposition, you'll receive a transcript of your testimony, which should be carefully reviewed for accuracy. Any discrepancies should be addressed with legal counsel for correction.
Best Practices
Depositions can be costly due to several factors:
Typically, the party who requests the deposition will be responsible for the costs of the court reporter, recording methods, and venue.
Working with an experienced family law attorney is crucial during the deposition process. Attorney Sharon Jackson, located in Lawrenceville, GA, provides comprehensive representation in divorce cases, including deposition preparation and execution. Our firm's experienced legal team can guide you through the deposition process while protecting your interests throughout your divorce proceedings.
Talk to Attorney Sharon Jackson and see how she can assist you with Georgia divorce deposition. Call (678) 909-4100 today.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
