What Is Involved in an Illinois Divorce Deposition?

 Posted on October 19, 2023 in Divorce

Sometimes, a divorce can be finalized amicably through mediation. Some divorces are finalized by the spouses’ respective lawyers negotiating the various issues that need to be decided. Other times, in a highly contentious contested divorce, a deposition is used to help gather information before a court trial. If you believe a deposition is in your future, a Kane County, IL divorce attorney can explain what you can expect and guide you through the process.

What Should I Know about a Divorce Deposition?

A deposition is a way to get court-recognized testimony, out of the court. The sides have the opportunity to ask each other or other witnesses questions under oath, in the presence of a court reporter. The responses to these questions are recorded and can be used in court under limited circumstances. 

In a divorce settlement, accurate information about each side’s debts, assets, income, and other financial information as well as information about each side’s parenting style, work demands, and schedules is crucial for determining a number of things:

• Whether spousal support is appropriate, and if so, in what amount

• An equitable distribution of marital property

• Child support matters

A deposition can be very very useful in a case where one side has tried other ways to get information from the other side and has been unsuccessful. The Illinois Supreme Court has a list of rules that need to be followed in order for a deposition to be considered admissible. These rules refer to:

• Where the deposition will take place

• How the questions need to be asked

• How much notice the other side must be given

• The types of objections that would be considered acceptable

• How privileged information will be protected

What Is the Format of a Deposition in Illinois?

There are several different ways a deposition can be conducted in Illinois. These include:

• In-person deposition: In this type of deposition, the side being asked questions needs to appear in person, and the answers they provide are under oath.

• Telephonic deposition: In this type, the side being asked can answer these questions over the phone, rather than in person.

• Written deposition: In this kind of deposition, the questions are submitted in writing, which are then answered in writing.

No matter what type of deposition is selected, the side answering questions always does so under oath, meaning they’ve sworn to tell the truth. There are serious consequences if they provide false responses, for example, being charged with criminal perjury.

Schedule a Free Consultation with a Kane County, IL Divorce Deposition Attorney

If divorce is on the horizon for you and you can already tell it will be contentious, it would be a good idea to prepare yourself for the possibility of a deposition. An experienced St. Charles, IL divorce lawyer can describe the process and guide you through it. Call Goostree Law Group at 630-584-4800 to schedule a free consultation.