What is Involved in a Divorce Deposition?

 Posted on April 22, 2025 in Divorce

When divorcing spouses cannot agree on key issues such as property division, parenting responsibilities, or financial support, the divorce is considered "contested." Contested cases are typically more complex and require more time, resources, and legal intervention than uncontested divorces. While many contested divorces in Illinois are eventually resolved through mediation or settlement negotiations, some require formal litigation to reach a resolution.

As a contested divorce progresses, each spouse must provide detailed information and documentation to the other through a legal process called discovery. One important tool in discovery is the deposition, a formal question-and-answer session conducted under oath. Understanding what happens during a deposition and how to prepare for it can help reduce anxiety and protect your interests as you move through the divorce process. A qualified Illinois divorce lawyer can answer your questions and help you navigate the stages.

What Is the Purpose of a Deposition?

A deposition allows each party’s attorney to question the other spouse — and sometimes other witnesses — outside of the Courtroom but under oath. A Court reporter records the entire session word-for-word, and the transcript may be used later in Court proceedings or settlement discussions.

The goal is to gather information that may not be easily obtained through documents alone. Depositions allow each side to assess the other’s credibility, clarify conflicting accounts, and evaluate the strengths and weaknesses of each party’s claims. In divorce litigation, deposition testimony can be especially important in shaping strategies for trial or encouraging a settlement by revealing how certain facts may be presented in Court.

What Happens During a Divorce Deposition?

Depositions typically take place in a law office or via videoconference. Both spouses, their attorneys, and a Court reporter are present. Sometimes, additional professionals such as financial experts or custody evaluators may be deposed, depending on the contested issues in the case.

While it may feel like an interrogation, a deposition is really an opportunity for both attorneys to ask structured questions to clarify the facts. Topics vary depending on the dispute, but common areas of inquiry include finances, parenting duties, assets, debts, and each spouse’s version of recent events.

For instance, if the issue at hand is spousal maintenance (alimony), an attorney may ask about your employment history, your current salary, your earning potential, and any ongoing expenses. If child custody is in dispute, questions will likely focus on your parenting role, daily routines, and decision-making responsibilities regarding your children.

Examples of Deposition Questions

Some sample questions in a contested divorce deposition might include:

• What assets do you currently own, and how were they acquired?

• What role do you play in caring for your children on a typical weekday?

• Have you transferred any funds, sold property, or made large purchases in the last six months?

• Have you been involved in any criminal or civil matters in the past that could affect parenting time?

• What steps have you taken to find new employment or increase your income since the separation?

These types of questions are designed to uncover specific facts and test the accuracy of prior statements or disclosures. Being honest and composed is essential.

How Can I Prepare for a Divorce Deposition?

The thought of answering questions under oath can feel overwhelming, but with proper preparation, you can approach your deposition with confidence. Your attorney will be instrumental in helping you prepare, reviewing potential questions with you in advance and going over the relevant documents in your case.

Start by reviewing any financial disclosures, bank statements, retirement accounts, tax returns, or custody filings you have submitted. These documents are often used during the deposition, and you will need to have a firm understanding of what you reported. Any inconsistencies between your answers and the documentation can be used to undermine your credibility in Court.

Practice answering likely questions with your attorney. Your goal is not to memorize answers, but to become more comfortable with the types of topics that may arise. You should also prepare emotionally — stay calm, respectful, and focused even if the questions feel intrusive or accusatory. Depositions can sometimes involve uncomfortable topics, but remaining poised is key.

Truthfulness is non-negotiable. Because depositions are given under oath, lying or exaggerating can result in serious consequences, including damage to your case or accusations of perjury. If you do not know the answer to a question or do not recall, it is entirely appropriate to say so. Never guess, and do not try to "fill in the blanks."

Equally important is resisting the urge to offer more information than asked. Keep your responses clear and concise. Volunteering extra details can open the door to follow-up questions that may not be helpful to your case.

What Happens After a Divorce Deposition?

After the deposition is complete, the Court reporter will prepare a written transcript of the testimony. Your attorney will review this transcript and use it to refine your strategy moving forward. If you are preparing for trial, your deposition may help your attorney anticipate arguments from the other side or identify inconsistencies in their statements. If you are still pursuing a settlement, the information obtained in the deposition may influence negotiations, either by strengthening your position or highlighting areas where compromise may be necessary.

Occasionally, depositions may lead to new discovery requests or prompt follow-up interviews. In rare cases, a deposition may reveal conduct that warrants a temporary order or immediate court intervention, such as evidence of hidden assets or a parenting issue that puts a child at risk.

Most importantly, your deposition testimony becomes part of the formal record of your divorce case. If your case proceeds to trial, anything said during the deposition can be used to support or challenge statements in Court. For that reason, consistency between your deposition answers and your trial testimony is vital.

Contact a Palatine, IL Divorce Lawyer

If you are facing a contested divorce and need experienced legal guidance, contact the Arlington Heights, IL divorce attorney with The Law Office of Nicholas W. Richardson, P.C.. Attorney Richardson understands the challenges of divorce litigation and has extensive experience guiding clients through depositions, discovery, and trial preparation. Call us at 847.873.6741 to schedule a complimentary initial consultation and learn how we can help you through every stage of your case.