How Should I Prepare for a Florida Divorce Deposition?
The vast majority of divorce cases in Florida are settled outside of the courtroom. Instead of going to trial, the two spouses either agree to all terms, or they negotiate until they reach a settlement agreement. When a case does proceed to trial, the two spouses sometimes have to take part in a deposition. You, your spouse, the attorneys for both sides, and potentially other experts are all present at a deposition. Anything said during a deposition is said under oath and so, a court reporter is also typically present.
Most people have never attended a deposition before and the prospect can be intimidating. Proper preparation can make it less stressful and below, one of our Tampa contested divorce attorneys provides tips that can help.
Consider Each Question Carefully in a Deposition
You may want to answer questions as quickly as possible in order to get the process over with, or to show that you are trying to be cooperative. This is a mistake and it could actually hurt your case. Instead, pause for a few seconds and carefully consider each question before answering. Also make sure you are only answering the question, and not providing additional information. If you take a slight pause before answering, it also gives your attorney an opportunity to object to the question. Even if you still must answer the question, the objection will be on record, which could help your case.
Do Not Fill Every Silence in a Deposition
Lawyers will sometimes take a pause after you have answered your questions. In some cases, they are simply trying to think of the next question they want to ask. Other times, they do this as an intimidating tactic, and it is often very effective. While it may be uncomfortable, sit in the silence and do not feel obligated to fill it. This can result in you providing too much information, and that could also hurt your case.
Answer Consistently in a Deposition
Divorce attorneys sometimes ask the same question over and over again in an attempt to get you to give contradicting answers. Give the same answer every time and if you are unsure if the question has already been asked, ask for further clarification.
Do Not Guess at Answers in a Deposition
At some point, the attorney for the other side may ask a question you do not know the answer to. Remember that saying ‘I do not know,’ is perfectly acceptable. It is also much better than guessing at answers, which could hurt your credibility in the future if the answer you give is wrong.
Work with Our Tampa Contested Divorce Attorneys
When going through a deposition, you need legal advice and someone who will protect your rights. At All Family Law Group, P.A., our Tampa contested divorce attorneys can help you prepare for a deposition, and all other aspects of your case. Call us now at 813-672-1900 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help with your divorce case. Se habla Español.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
