In many divorces, your spouse’s attorney may take your deposition. A deposition is where you are questioned, under oath, by your spouse’s attorney. Your attorney will also be at the deposition to make sure that there are no improper questions and to protect your rights. There will also be a stenographer or in some instances a videographer.

At your deposition you are under oath. Therefore, you are required to tell the truth. If you say one thing at the deposition and another thing at your trial, then that is considered inconsistent testimony and can be used against you.

You must be prepared prior to attending your deposition. You should review your financial documents and any other important documents involved in your case.

It is important to know that a judge is almost never at your deposition (although, in some rare instances a judge can be present). Therefore, even if your attorney objects to a question, it does not mean that you do not have to answer the question. The only time you should not answer a question is when your attorney specifically tells you that you do not have to answer the question. However, the other attorney can either contact the judge (by telephone), to see if the judge will order you to answer the question or after the deposition is over, the other attorney can have the judge make a ruling requiring you to answer the question at a later date.

Although, you may have to answer a question, it is permissible to answer “I do not know”. This will usually result in the opposing attorney requesting you to attempt to find the answer to the question.

Divorce attorney David Badanes has helped numerous individuals with divorces and in representing clients in depositions. If you need a lawyer to represent you in your divorce, call the Badanes Law Office today at 631-239-1702 or email me at We have offices in Northport and Garden City.

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