Divorce Depositions in California – What to Expect

Divorce depositions (sworn evidences during the divorce proceedings) in California are not very common. Depositions can be really expensive. The fees of the lawyers for such legal procedures are quite high. Even the court reporters charge you high rates by the page for creating such transcripts and for providing you with certified and original copies. Most of the time, divorce depositions are not necessary at all because all divorce cases are not complicated and there may not be too many contested issues to deal with.

Divorce depositions are helpful if the lawyer doing it is prepared and experienced. Also, depositions can be done if the lawyer is not doing it just because it will give him the chance to make personal financial gains in terms of fees. But lawyers need to focus on issues that matter and not waste the court’s time.

Types of deposition

There are 2 types of deposition – party and witness.

• Party deposition – The petitioner or the respondent in the divorce case is the party. A party deposition is just ‘noticed’ by one lawyer to the other with a formal written request. It may request certain documents to be produced during the deposition.
• Witness deposition – A witness may be ‘noticed’ to appear in the deposition and provide proof or documents during the deposition. They are served a ‘deposition subpoena’.

What to expect

It is a good idea to be present during a deposition. You can and should help your lawyer during the preparation of the deposition. You would be the best person to provide your lawyer with answers or important bits of information on issues that get raised during a deposition. You will be able to determine if your spouse is lying about certain things or not.

If you are the one who the deposition is being carried out, you will have to be prepared to answer a lot of questions by the opponent lawyer. You should do your preparation well. You will be under oath so the obvious piece of advice would be, ‘be absolutely honest’. Everything you say will be recorded by the court reporter. You will get breaks where you can consult with your lawyer.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.