New York, NY family law attorney Lisa Zeiderman talks about depositions in a family law case. A deposition in a family law case provides an attorney the opportunity to question the other party, typically the spouse, as well as non-parties such as employers or individuals with relevant financial information. These depositions are usually conducted in a lawyer’s office, where both spouses are present alongside their respective attorneys and a court reporter who documents everything said during the proceedings.

During the deposition, the witness is sworn under oath, an important step since their testimony can later be used in a trial to either challenge their credibility or refresh their memory about prior statements made during the deposition. This process is vital for uncovering information regarding assets, liabilities, and expenses, which assists in crafting a settlement proposal if both parties are open to settlement. If a settlement is not achieved, the information obtained during the deposition will play a critical role in preparing for trial.