Preparing for Depositions in Family Law Cases

Depositions can feel intimidating, especially for clients going through a divorce or custody case for the first time. The idea of being questioned under oath by your spouse’s attorney is understandably stressful. However, depositions are a common and manageable part of many Washington family law cases, and proper preparation can make the process far less daunting.

What Is a Deposition?

A deposition is a formal question-and-answer session conducted under oath, typically outside the courtroom (and nowadays often by Zoom). Depositions are used to gather information, clarify positions, and preserve testimony for potential use at trial. The questioning attorney asks questions, a court reporter records everything said, and your attorney is present to protect your rights. While the setting is less formal than a courtroom, the testimony carries the same legal weight as testimony given to a judge.

Why Depositions Are Used in Divorce and Custody Cases

Depositions are often used in more complex or contested cases. They may focus on financial issues such as income, assets, or debts, or on parenting issues such as daily routines, decision-making, or allegations raised in declarations. In some cases, a deposition helps the parties assess credibility and encourages settlement by clarifying strengths and weaknesses before trial.

What to Expect During a Family Law Deposition

Depositions usually take place in an attorney’s office or by Zoom. You will be sworn in, and questioning may last several hours, with breaks as needed. The questions may feel personal, especially in custody or divorce matters, but they are generally limited to issues relevant to the case. You are required to answer truthfully, but you are not required to guess, speculate, or volunteer extra information. Your attorney may object to certain questions, although most objections are preserved for later rather than stopping the question entirely.

Simple Tips to Prepare for Your Deposition

Preparation starts with talking with your attorney beforehand. Review the key issues in your case, including finances, parenting schedules, and any allegations that have been raised. Familiarize yourself with important documents such as tax returns, financial statements, or prior declarations so you are not caught off guard. Answer questions carefully and listen fully before responding. It is acceptable to pause, think, and ask for clarification if a question is confusing. If you do not know the answer or do not remember, it is appropriate to say so. Keep your answers concise. Depositions are not the place to argue your case or explain your entire story. Short, accurate answers reduce the risk of misunderstanding or mischaracterization later.

Behavior and Demeanor Matter

Your demeanor during a deposition can influence how your testimony is perceived. Remain calm, polite, and respectful, even if questions feel unfair or provocative. Avoid sarcasm or emotional reactions. Opposing counsel may test your patience, but staying composed strengthens your credibility.

Common Mistakes to Avoid

One of the most common mistakes is trying to “win” the deposition by over-explaining or debating the questioner. Another is guessing when unsure. Depositions are about accuracy, not persuasion. It is also important not to discuss your testimony with anyone other than your attorney during breaks unless advised otherwise.

Not every cases uses depositions, but they are a normal part of many Washington family law cases and do not need to be feared. With proper preparation, realistic expectations, and guidance from your attorney, you can navigate the process confidently and effectively. At Magnuson Lowell, P.S., we prepare our clients thoroughly for depositions and work to ensure the process is as smooth and stress-free as possible. We offer free telephone 425-800-0573 case evaluations to discuss your divorce or custody case and what to expect at every stage.