Divorce depositions play a crucial role in navigating marital dissolution in family law. While divorce depositions may not be as memorable as what happens in court, they are often the driving force behind the strategies used.

Considering the importance of depositions, they must be approached masterfully by the attorneys conducting them. To help understand some of the finer intricacies of divorce depositions, we will explore how to best prepare for a deposition, practical techniques for conducting your depositions, and how deposition transcripts can best be used during trials.

Deposition Preparation

The first step in any deposition is to ensure you are fully prepared for what you will experience. Considering the sensitive nature of these cases, divorce depositions are often turbulent periods that require you to process a barrage of stressful experiences.

Mock depositions are a useful way to prepare and deal with feelings head-on. A divorce deposition forces you to relive and recount the events that led to the dissolution of your marriage. Practice how you will answer questions during the deposition, preferably with your attorney. This is a way to familiarize yourself with the procedures, reduce anxiety, and review potential topics you may be asked about. Question topics may include finances, custody, child welfare, and events that led to the divorce. 

Deposition Techniques

While it is the responsibility of your attorney to craft a strategic game plan for your depositions, it is helpful to understand some of the common techniques utilized in cases such as these. 

Gather Information

First, gather any necessary information and documents related to the case, including financial records, health records, and email and text correspondence. Additionally, you should provide any documents or reports related to your children if relevant. This includes information about their health, insurance, living situation, and how childcare will continue after the divorce is finalized. Each of these documents provides critical insights into each party's relationship and position. 


Drafting questions to ask in a divorce deposition is a collaborative process between you and your attorney. You have inside information on all the events that transpired during your marriage, and those insights are valuable for an attorney looking for a competitive edge. Likewise, your attorney has inside information on the legal proceedings of divorce depositions and trials, and they are the ones best equipped to take the raw facts and morph them into a winning strategy for your case.

Each deposition will be different, and which questions you should ask will be determined by the relationship and what information you have. Some good examples of questions might include asking about a child’s primary care. If property is involved, you might discuss the primary resident, payer, and ability to relocate. If a domestic dispute has occurred, asking questions about specific incidents and periods would be ideal.

Planning the questions you will ask will help you keep control of the deposition and get the answers you need. Deponents are often evasive and even hostile during these charged questioning sessions. It is best to approach these situations with composure, precision, and assertiveness. Remaining professional and composed can help de-escalate charged moments during this process. In times of evasiveness, having planned, precise questions will help guide the deponent in the direction you need them to go. Without this precise planning, deponents may ramble or provide answers without crucial information.

How to Use Deposition Transcripts in Court

The final step in a deposition is its use during trial. Deposition transcripts, a verbatim account of what was said during a deposition, are often entered into evidence for a trial. Knowing how and when to call on it properly can significantly influence your strategy.

The first use is to identify mismatches in testimonies. Highlight essential parts of what a witness is saying during trial, relative to what they said during the deposition, and see how they compare. By pointing out inconsistencies, you can challenge the credibility of a witness and diminish the opposing party’s claim while strengthening your own.

The best reason to use a deposition transcript as a part of your trial strategy is to provide a strategic recap that helps tell your side of the story with a compelling narrative. How the transcript is integrated can significantly influence the emotional impact of a story and, ultimately, the outcome of a trial.

A divorce deposition is an essential part of divorce proceedings. They help gather the facts and then communicate those facts to the court. Use NAEGELI Deposition & Trial to ensure your transcripts are accurate and trial ready.  Our team provides first-class deposition transcript and videography services using professional-grade cloud platforms to ensure every deposition transcript, video recording, and audio recording is of the highest quality. Schedule a service today and learn why NAEGELI Deposition & Trial has been a top court reporting service for over 40 years.

By Marsha Naegeli