Mary Carollo: Depositions in Divorce

Depending on the circumstances of your divorce, you may be required to attend a deposition hearing. If so, you will receive a notice that includes the date, time and place of the hearing, along with any documentation you should bring with you. The people attending the hearing could include you and your attorney, a court reporter and possibly your spouse and his or her legal counsel.

At the hearing, attorneys and court officials will ask you a variety of questions on subjects related to your divorce, including employment history, debts and assets, mental and physical health and your fidelity during the marriage. If your spouse is present, he or she is not allowed to interrupt you in any way.

Do you need to answer every single question?

Most of the time, you will need to respond to every question as truthfully and honestly as possible, unless your attorney instructs you otherwise. Therefore, before you attend the hearing, you should consult your lawyer on the questions you are likely to face and how you should answer them. Prepare ahead of time by having your attorney put you on the spot with these questions and forcing you to answer them.

Some of the questions could make you uncomfortable. As difficult as it may be, you will need to answer them unless your lawyer objects on the grounds of it being inappropriate.

If your attorney tells you to answer the question, you must do so or face some consequences that could include a potential fine or a court order to answer the question later. It is thus in your best interest to always follow the advice your legal counsel provides you.

Steps to Take if Divorce Appears Imminent

Most individuals work hard to avoid splitting up, but sometimes couples find themselves facing a divorce even after their best attempts to salvage a marriage. If divorce is on the horizon, there are several steps you can take to better prepare yourself for this life-changing event:

Know rights. As a first measure, you will want to consult an attorney to gain a clear understanding of your legal rights — and responsibilities. An experienced attorney can help you avoid any missteps early on that may affect divorce proceedings further down the road.
Gather background documentation. In preparation, you’ll want to gather and make copies of important documents such as tax returns, investment and bank statements, wills and mortgage documents. If you are married to someone who runs his or her own business, try to obtain as much information as possible about the financial aspects of the enterprise.
Inventory belongings. When it comes time to split assets, it is important to have identified valuables including artwork, jewelry or vehicles.
Put your financial house in order. Separating your financial accounts, and alerting insurance policies and retirement accounts about a change of beneficiaries, is another important step in preparing for divorce. You may also want to establish and use your own line of credit, particularly if you are not able to obtain a sufficient line of credit on your own. You may also want to pay down debt that belongs to both parties.
Start saving. In preparation you’ll also want to put aside money that will see you through what may end up being a protracted process.
Stick to a routine. Do your best to keep as normal a routine as possible, especially for any children that may be involved. This stability will help lessen stress as much as possible.

Free Initial Consultation with a Utah Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!