By Erika Wyatt, Partner

A deposition can feel intimidating, particularly when your divorce involves sensitive parenting matters or complex finances. Understanding the process and preparing with your attorney can help you answer questions accurately and confidently. Your role is not to persuade the opposing attorney. It is to provide truthful testimony.   

What Happens During a Divorce Deposition?

A deposition is sworn testimony given outside the courtroom. An attorney asks questions, and a court reporter records your answers. The proceeding may be videotaped or held remotely. Your attorney will attend, and the other party may also be present, but the judge will not.

The other side uses the deposition to learn what you know, establish your account of events, and assess you as a witness. Although the transcript does not automatically go to the judge, your answers may be used later in the case, including to challenge inconsistent testimony. You must be as truthful as you would be in court.

How Should You Prepare for a Divorce Deposition?

Your attorney will explain the subjects you may be asked about and identify documents to review. Depending on your case, these might include financial disclosures, account statements, communications, parenting schedules, or a timeline of important events. In a high-net-worth divorce, questions may also involve business interests, investments, executive compensation, or other significant assets.

Focus on what you remember, what records confirm, and where you are uncertain. Do not memorize answers. Tell your attorney beforehand about difficult facts or topics that concern you. Preparation works best when there are no surprises.

Confirm the location or video link and plan enough time for the proceeding. Illinois Supreme Court Rule 206 generally limits discovery depositions to three hours, subject to applicable exceptions or court orders. Dress professionally, rest beforehand, and bring personal necessities. Bring case documents or notes only if your attorney instructs you to do so; do not make your own recording.

How Should You Answer Questions Under Oath?

Listen to each question in full, pause, and answer only after you understand it. A brief pause also allows your attorney to object. Give a direct, accurate answer without volunteering an explanation of your entire case. If a simple yes or no would be misleading, explain why. If a question assumes something untrue, correct the assumption.

Ask that a question be repeated or rephrased when necessary. Speak your answers rather than nod, and avoid talking over the questioner so the court reporter can record clearly.

What If You Do Not Know or Remember an Answer?

“I don’t know” and “I don’t remember” are appropriate when true, but they mean different things. Do not guess to fill a gap in your knowledge or memory. If you can reasonably estimate a date or amount, identify it as an estimate. Distinguish what you personally observed from what someone else told you.

Be cautious with absolute words such as “always” and “never.” If you realize an answer was inaccurate or misleading, correct it promptly. Accuracy matters more than defending an earlier response.

What Should You Do When Shown Financial Records or Other Documents?

Read the relevant portions before answering, and ask for additional pages or context when needed. Do not assume the questioning attorney has described a document correctly or that you recognize it simply because it concerns your case. This is especially important when reviewing financial statements, business records, or asset disclosures in a high-net-worth divorce.

Read the relevant portions before answering, and ask for additional pages or context when needed. Do not assume the questioning attorney has described a document correctly or that you recognize it simply because it concerns your case. This is especially important when reviewing financial statements, business records, or asset disclosures in a high-net-worth divorce.

How Can You Handle Difficult Questions or a Remote Deposition?

Questions about finances, parenting, or conduct during the marriage can feel personal. Resist the urge to argue or speculate about someone else’s motives. Remain calm and answer the question asked. Avoid sarcasm and jokes, which may read differently in a transcript.

Tell your attorney if you need a break, medication, or an accommodation. Ordinarily, finish a pending answer before taking a break unless counsel instructs otherwise. Do not text others about your testimony or discuss the deposition on social media.

For a remote deposition, test your connection and equipment, choose a private location, and follow your attorney’s directions about documents and who may be present. Do not consult notes or messages during questioning unless expressly permitted. If you cannot hear a question, say so.

Final Checklist for Clients:

  • Confirm the date, location or video link, and expected duration.

  • Review the materials your attorney identifies, including relevant financial records.

  • Discuss difficult facts and questions with your attorney in advance.

  • Bring only approved documents and necessary personal items.

  • Listen carefully, avoid guessing, and correct mistakes promptly.

Preparing for Your Deposition with Confidence

You do not need a perfect memory or rehearsed answers. Careful listening, honest responses, and a willingness to acknowledge uncertainty help create an accurate record. Your attorney’s guidance should govern how you prepare and participate.

If you are preparing for a deposition in a divorce or complex family law matter, contact our family law team at Schiller DuCanto & Fleck to discuss your circumstances and next steps.

This article provides general information, not legal advice. Deposition procedures vary by jurisdiction, court order, and case circumstances.