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Depositions During Divorces

During the divorce process in Ohio, your spouse may be entitled to take your deposition.  A deposition is an opportunity for fact-finding.  The deposition will generally take place at an attorney's office.  A court reporter will be present to transcribe the testimony of the party being deposed.  A deposition can be as short as a few minutes or last several hours.  The purpose of a deposition is generally for one of the following:

  1.  Obtain information regarding income, assets, liabilities and child custody issues.  
  2. Determine how a party will testify at trial. 

Counsel will be able to object to certain questions.  However, the objection will be to reserve the issue for the trial.  Generally, you will need to answer the question even if your counsel objects.  There are limited circumstance when you may be instructed to not answer a question.  

At the end of the deposition, you can request the opportunity to read the deposition transcript before the transcript is submitted to opposing counsel.  Opposing counsel could use the deposition transcript if you try to change your testimony at trial.  

We welcome you to call Randal A. Lowry & Associates at (330) 576-3363 to consult with us regarding your divorce matters. Our Akron-area family law attorneys serve clients throughout Summit, Medina, Portage, Stark and Cuyahoga counties.


Categories: Divorce

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