During divorce, the opposing party’s (your partner’s) attorney may ask some embarrassing divorce deposition questions. So it’s crucial to prepare for these questions. Because that have a significant impact on divorce settlement terms and conditions, child support, custody, etc.
This article includes everything you need to know about these embarrassing divorce deposition questions, i.e., from the definition to the tricks lawyers use in depositions. So read the complete guide to face these embarrassing divorce deposition questions with more confidence. And to make the deposition process less stressful.
DIVORCE DEPOSITION is the formal process of sending you a request or demand by the opposing party’s attorney to ask several questions under oath. This deposition process isn’t held inside the courtroom, it may be held in the conference room (of the courthouse), in the office of any one of the attorneys, or in the office of the court reporter. This deposition process is held in the presence of a court reporter, who makes the transcript of every single word so that you won’t change the statement.
EMBARRASSING DIVORCE DEPOSITION QUESTIONS
During your divorce deposition, they may ask you several questions (which may hurt you) regarding finances, your criminal record (if any), your health issues, your children, your job, or anything regarding your marriage. To prepare yourself have an idea of what they may ask you. But for further information, an expert attorney can guide you in a better way for this deposition process.
To get an idea, look at the following list that explores 8 embarrassing divorce deposition questions:
Questions regarding physical or mental health issues
These are one of the most put-upon divorce deposition questions to make you feel embarrassed or to use that point against you. They may ask questions regarding your mental state, your physical health issue, any medication you’re taking, etc. As you’re already stressed, the opposing party’s attorney tries to prove that you’re unstable or not physically fit to take care of your child.
Any history of abuse or domestic violence
In your relationship, if you ever had abuse or domestic violence, that can also be put up during deposition to put that blame on you and paint a picture of you not being a good parent. And that has a major impact on the custody of the child.
Finance-related questions during deposition
The opposing attorney wants to know if you tell the truth about your finances, i.e., about your income, debts, assets, etc., so they put this point as well in the divorce deposition. They may ask several questions here and there to know if you hide any assets or other financial information.
Questions regarding criminal records (if any)
If you ever have a criminal record, the opposition’s attorney will also try to take advantage of it. They simply try to use it in every possible way to prove (in front of a judge) that you can’t take care of your child efficiently, thereby making it too difficult for you to get custody of your child.
Questions regarding child custody
A judge highly focuses on the child’s best interest while deciding custody of the child. So the opposition’s attorney also asks questions related to the child’s interests and care, with the aim of finding anything to use against you. They may ask questions like: What kind of relationship do you have with your child? Is there a specific need for your child? In which school are they studying? Who will take care of the child when you’re at work? and so on.
Questions about your living conditions
The attorney may also ask about your present living standards. If you don’t have a stable home environment, that counts as an unsafe environment for your child to live in. And that increases the chances of another parent getting custody. So they may ask various other nasty questions regarding that during the deposition.
Questions regarding your job
They often try their best in all the areas to collect points that go against you, so they may also ask questions about your job, i.e., how stable it is. Because that has a major impact on the child’s custody.
They may question you about your recreational activities
Can you imagine that your recreational activities also count? They may ask questions to know in which recreational activities you usually participate and to figure out if they’re dangerous or increase the risk of your injury. Because if you participate in some dangerous activities, you put your life at risk. That simply means there is a possibility of not taking care of your child properly and that goes against you.
Point to consider: The purpose behind asking these types of questions is to collect as many points as possible so as to use them against you. If any of the questions are too personal or have no link to your divorce case, you can appeal for a break.
TIPS TO HANDLE EMBARRASSING DIVORCE DEPOSITION QUESTIONS
As deposition questions vary from case to case, you should take your attorney’s instructions seriously and work with them to prepare for them. Following are some tips that may help protect you from a deposition:
- Make sure to hire an experienced attorney and discuss every detail with your attorney. So that they can guide you better and prepare you for deposition.
- During deposition, listen carefully and then reply honestly. Because even a single lie can flip your case.
- Be open and ask questions regarding depositions with your attorney. And even prepare for the possible nasty questions to be asked by the opposition’s attorney.
- You should know which things are in your attorney’s hands and which are not during the deposition. Knowing these things can help protect you to some extent during deposition.
- Try to understand the intent behind the questions to be asked.
- Even though deposition might get hurtful and stressful, you should still stay calm and relaxed. Under too much stress, you might not handle these embarrassing divorce deposition questions efficiently.
TRICKS LAWYERS USE IN DEPOSITIONS
As deposition is quite crucial, the opposition’s attorney even uses tricks to confuse you so that you give the wrong answer, and then they use your statement against you. So just be aware of these tricks to avoid getting trapped in them. Objection, one-two punch, not answering the question, reading out of context, and recess are some of the tricks lawyers use in depositions.
END VERDICT:
Divorce depositions get quite stressful. And even hard to handle, especially if you don’t prepare for the embarrassing questions they may ask you. But hiring an experienced attorney and preparing for these nasty questions will help you to a great extent. This really helps you get a divorce on more favorable terms while protecting your rights.
