Instructions for Testifying at Your Deposition or Divorce Trial

Decorative Scales of Justice in the CourtroomGoing through divorce is emotionally fraying enough, but at times the process the court requires can be draining as well. Whether you are testifying in your divorce trial or giving your deposition, a few key points to remember to help you get through either process:

  • Take your time. If you need to think about whatever you’re about to say, then do it. Be careful of your words.
  • Ask for clarification if you do not understand a question. Do not assume anything, do not answer based on what you think someone is asking you. While it’s okay to be intimidated, there is no need.
  • Be aware of the body language you’re demonstrating. You don’t want to come across as inattentive or bored, and especially not as disrespectful. Speak loud enough, and speak clearly. Refrain from chewing gum.
  • If you’re in court, don’t forget to look and answer to the judge, who will ultimately be making all of the decisions. Follow her or his instructions in the event of any objections or other interruptions.
  • Keep it together. You may be asked highly personal questions, questions that bring up negative emotions, or questions that upset you generally. Take a deep breath before you answer if you need to, just make sure you keep your emotions in check while you testify.

Do Not Lie

You are testifying under oath. Meaning you swear to tell the truth, the whole truth and nothing but the truth. If you lie, while it is pretty rare, you could potentially face charges of perjury. A whole truth means the full extent of whatever you were asked. Don’t neglect to mention certain things because they are embarrassing or difficult. If you are nervous you won’t properly answer the questions, draw up a list of questions and practice answering them with your lawyer. Make sure your answers are clear.

Don’t Give too Much Information

However, you should only answer questions that you are asked. Even if you feel like the lawyer questioning you isn’t asking the right questions or is leaving something out, don’t add to your answer. Do not “tell your story.” Additionally, less information available to your ex’s attorney may be better for you. So do not go beyond what you were asked unless you have been asked. For example: if you are asked if you remembered what you were doing on a specific day, merely say “yes.” Do not launch into an explanation of the events for that day. A good way to remember to do this is simply to take time to think about each question and slowly respond when you are asked.

This is not a comprehensive guide, but each tip is essential to success. Work closely with your lawyer, do everything mentioned above, and above all–don’t sweat it. People do this successfully every day, and when the time comes, so will you.


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