Depositions in Divorce Cases

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Shari Broussard
Depositions in Divorce Cases

MARYLAND/ DC/ VIRGINIA/ DEPOSITION/ COURT REPORTER/ INJURY LAWYER/ DIVORCE LAWYER

A skilled court reporter has the ability to cover a wide variety of cases, from personal injury and accident cases, to family law and divorce cases. Depositions taken in different types of legal matters can present different challenges to court reporters depending on the emotional stakes or subject matter of the case. For example, injury cases often involve a lot of technical and medical language that the court reporter must take down correctly.

Divorce depositions are often especially unique because of the personal and emotional nature of the issues that accompany divorce actions.  While a personal injury lawyer might use a deposition to get witness testimony or accounts regarding an accident, a divorce lawyer’s goal is to get as much personal information as possible about the other party.

Depositions taken in divorce matters usually serve to find facts or information that aren’t gained through normal discovery. The deposition can be a divorce lawyer’s best opportunity to find out about the opposing party’s personal life, spending habits, and parenting style. Often, deponents who have not been properly prepped by his or her lawyer will accidentally volunteer information that would not have otherwise come out. Divorce lawyers rely on these statements to strengthen the case that they will bring before the Court, and it is crucial that the court reporter capture every question and answer as accurately as possible.

Hours of questioning on such personal and uncomfortable topics can easily lead to shouting matches, backtracking, and a lot of stuttering.  Throughout these exchanges, it is the court reporter’s job to take down an accurate record of the proceeding.  Experienced court reporters will anticipate the difficulty of divorce depositions and be prepared to precisely recount the deposition, despite cross talk and arguments.

Divorce depositions can become even more complex when a child is deposed. In an intimidating situation like a deposition, children can become emotional and easily overwhelmed. The question and answer process can be strenuous for all parties, from the child who feels singled out, to the lawyer who struggles to be sensitive while getting important information. Children often become increasingly quiet when questioned, further increasing the difficulty of the court reporter’s job. Some states do not allow children to act as witnesses, but in Maryland, Virginia, and Washington, D.C., a child can be deposed as long as he or she is deemed competent by the Court.

Qualified court reporters can handle the emotional strain of divorce case depositions with professionalism and are able to provide clients with a factual record of the proceedings.