What Happens During a Divorce Deposition?

 Posted on October 24, 2025 in Divorce

Divorcing spouses must resolve several crucial issues before ending their marriage. Marital property and joint debt need to be divided between the spouses. If the couple had children, they would need to develop a parenting plan and decide how they will divide parenting time and parental responsibilities. If there is a large financial discrepancy between the spouses, they may need to address spousal maintenance.

Some couples are able to negotiate an agreement about these issues without the court's involvement. However, litigation is often necessary in complex and contentious divorce cases. A Wheaton, IL divorce lawyer at Davi Law Group can guide you through the process while making sure that your rights are protected.

What Is a Divorce Deposition in Illinois?

A deposition is a legal interview that happens before trial. It allows lawyers to ask a witness or spouse questions under oath. Everything said is recorded by a court reporter and later typed into a written transcript.

Depositions are part of the discovery process. This is the stage when both sides gather evidence and share information to find out what each person knows and how they might testify if the case goes to court.

Illinois Supreme Court Rule 206 establishes how depositions work. It explains who can attend, how objections are made, and how the questioning is recorded. The process is not meant to intimidate you. It exists to make sure both sides have the same information before trial.

What Happens During the Actual Deposition?

Depositions usually take place in a law office or by video conference. You, your attorney, the other attorney, and a court reporter will be there. Your attorney can object to unfair or confusing questions. You may still have to answer unless the question involves privileged information, like private talks with your lawyer.

The questioning often starts with simple background information like your name, job, and marriage history. Then, it moves to more specific issues like finances, health, or parenting. If you have children, questions may focus on their daily routines, school schedules, medical care, and other relevant information. These details help the court make decisions about the allocation of parental responsibilities, commonly known as child custody.

Depositions can last from one to several hours. You can take breaks, but you cannot discuss your testimony during a break. Remember, your attorney will be right there through the entire process to advocate for you and offer support.

Why Are Depositions Used During Divorce?

Lawyers use depositions to uncover facts, confirm testimonies, and establish credibility. They can be  especially helpful in divorce cases that involve disagreements about money, property, or children.

For example, if a spouse admits during a deposition that an asset existed before the marriage but was used for shared expenses, that information is useful. It helps the court decide whether the property is marital or non-marital under 750 ILCS 5/503, the Illinois law that controls property division.

Depositions also help attorneys understand how strong each side’s evidence is. This can influence whether the case settles or goes to trial.

Will I Have To Be Deposed During My Divorce?

Understandably, the possibility of deposition during the divorce process can be unnerving. However, the reality is that not everyone will be deposed. Whether or not you are deposed depends on the complexity of your case and whether you and your spouse can resolve the disputed issues without going to court.

How Should You Prepare for a Divorce Deposition?

The more prepared you are for a deposition, the less stressful the process will be. Your lawyer will meet with you to review questions and go over key documents. They will explain what to expect. Some basic points to remember during your deposition include:

• Tell the truth, even if it seems uncomfortable.

• Listen carefully to each question.

• Answer only what is asked.

• Say "I do not know" if you truly do not remember.

• Avoid guessing or explaining too much.

Under Illinois Supreme Court Rules 202 and 212 (a), attorneys can use depositions to gather information during discovery and, in some cases, to present testimony as evidence at trial. Because your answers are recorded, it is important to be accurate and consistent.

Can You Refuse To Answer Questions in a Deposition?

Most of the time, you are expected to answer all the questions asked during a deposition, but there are limits. You do not have to respond to questions that are unfair, irrelevant, or violate certain legal protections. For example, if a question involves private conversations between you and your lawyer, that information is protected by the attorney-client privilege. Questions about confidential medical or mental-health records may also be off-limits, depending on whether the court has already allowed that information to be shared.

If the other attorney asks something inappropriate or intended only to embarrass or harass you, your lawyer can object and tell you not to answer. The judge will later review the record and decide whether the question should have been allowed.

According to Illinois Supreme Court Rule 204, the court can require a person to appear for a deposition through a subpoena. If someone refuses to attend or cooperate, the judge can order penalties. This might include paying the other party’s attorney fees or limiting what evidence that person can present in court. These rules ensure that both sides participate fairly and that discovery moves forward as it should.

What If a Spouse Lies During a Deposition?

Remember, depositions are given under oath. Lying under oath, an offense called perjury, is illegal in Illinois. If your spouse gives false testimony, they can lose credibility, face court penalties, and harm their entire case.

If you and your attorney believe that your spouse lied, you can challenge their testimony. You might use bank statements, emails, or text messages to reveal the truth. This is especially important if you suspect your spouse is hiding property or spending marital funds on personal interests to reduce your share. If proven, it can seriously affect how the judge divides property or decides other key issues in your divorce.

Contact our DuPage County, IL Divorce Lawyers Today

Depositions are just one part of the divorce process in Illinois, and we can guide you through it all. The Wheaton, IL divorce lawyers at Davi Law Group have experience with complex family law matters. Attorney Dion U. Davi draws on the knowledge he gained during his years serving as an Assistant State’s Attorney in DuPage County. As his client, you can benefit from both his prosecutorial insight and practical courtroom skill.

Call 630-657-5052 today to schedule your free initial consultation.