Like anything else in life, you probably do not know a great deal about the process of divorce if you have never gone through it yourself. Another reason people may not be well-versed in what happens during divorce proceedings is that every divorce is different. Some couples might be able to finalize their divorce through amicable mediation; other couples might need their lawyers to negotiate the specifics; and still others might be involved in a more contentious scenario where a deposition is required. If you are considering divorce but feel confused about what happens in the proceedings, an experienced Chicago, IL, divorce lawyer can answer your questions so you can move forward empowered with knowledge.
What Is a Deposition?
Unless a divorce is uncontested or settled through mediation, the court will likely need to obtain testimony from and about both spouses involved in a divorce case. A deposition makes it possible to obtain this testimony without needing to enter a courtroom. Both sides can ask each other – as well as any witnesses they want to include – questions and all people answering questions are sworn under oath to tell the truth. A court reporter is assigned to be present during the deposition, and answers to the questions that are asked are recorded and can be used in court under certain circumstances.
In any divorce, accurate information about both spouse’s schedules, parenting, income, assets, debts, and work demands is crucial for deciding about various issues that need to be settled, including:
- All matters related to any children the couple may have: child support, custody arrangements, and other parental rights and responsibilities.
- How marital property will be equitably distributed.
- If either side should pay or receive spousal support, and if so, how much it should be.
The Illinois Supreme Court has several rules that need to be followed for the information gathered in a deposition to be admissible in court. The rules cover topics like where the deposition can be held, how exactly the questions should be asked, the amount of notice the other side needs to be given, what kinds of objections are acceptable, and how private or privileged information will be protected.
A deposition in the State of Illinois can follow one of three possible formats:
- Written, where questions and their answers are submitted in writing.
- Over the phone.
- In person.
Regardless of the format, the side that is answering the questions is always under oath.
Schedule a Free Consultation with a Chicago, IL, Divorce Deposition Attorney
If you are unsure what to expect in a divorce deposition, a knowledgeable Chicago, IL, divorce lawyer can guide you through the process with sensitivity and understanding. [[title]] offers free consultations. Please call [[phone]] to schedule yours and take the first step toward protecting your rights and interests.