What Happens During a Divorce Deposition?

 Posted on February 20, 2023 in Divorce

Divorcing spouses must resolve several crucial issues before they can end their marriage. Marital property and joint debt will need to be divided between the spouses. If the couple had children, they will need to develop a parenting plan and determine the allocation of parenting time and parental responsibilities. If there is a large financial discrepancy between the spouses, they may need to address spousal maintenance.

Some couples are able to negotiate an agreement about these issues without the court's involvement. However, litigation is often necessary in complex and contentious divorce cases. A deposition is one of the many legal proceedings that may take place during divorce litigation.

Deposition Basics in Illinois Divorce Cases

In divorce cases, a deposition is an oral examination of a spouse or witness. The deponent is placed under oath and asked questions by one or both spouses' attorneys. Depositions are recorded and transcribed so that the court can consider the information at trial. The questions center around the deponent's knowledge of the facts surrounding the disputed issues.

Depositions are used in Illinois divorce cases to determine a party's testimony and to preserve it for potential future use in court. Depositions can be beneficial because they give the attorneys an idea of how a witness or spouse might testify at trial.

Divorcing spouses may be asked about:

• Sources of income

• Monthly gross income

• Marital and non-marital assets

• Property ownership

• Debts and liabilities

• Mental and physical health conditions

• Living arrangements

• Financial obligations related to the children

• Caretaking arrangements for the children

Will I Have to Be Deposed During My Divorce?

Understandably, many people are nervous about the possibility of a deposition during their divorce. The reality is that not everyone will be deposed. Whether or not you are deposed depends on the complexity of your case and whether you and your spouse can resolve the disputed issues without litigation.

If you do foresee a complex and combative divorce case, make sure to retain a divorce lawyer experienced in deposition strategy. Your attorney can prepare you for the deposition and help you navigate this challenging process.

Contact our DuPage County Divorce Lawyers

Depositions are used to gather information and testimony during a divorce. If your divorce is heavily contested, it is possible that you will need to participate in a deposition. Fortunately, you do not have to deal with any of these issues on your own. Our Naperville divorce lawyers have the legal understanding and experience needed to represent your best interests and guide you through the process.

Call our office today at 630-657-5052 and set up a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000