How Do I Answer Deposition Questions?

By Robin Roshkind, Esquire, West Palm Beach, Florida

You are involved in a full fledged divorce litigation case.  Opposing counsel wants to take your deposition to find out just about everything.  He/she can pretty much ask you anything, whether relevant to the case or not.  Depositions are basically fishing expeditions for information that might lead to more information.

Some of the topics you will be asked about include the children, your ability to co parent, time sharing, your finances, your lifestyle, who you are dating, what you are spending, where you last vacationed, what you are driving, what you did with your expensive rolex, and just about anything else.  Here is some advice in answering these sometimes touchy questions:

1.  Remember that the judge is not present at this depo.  You don’t have to convince anyone about anything.

2.  Have an agreeable demeanor.  If you don’t, it looks like you’ve got something to hide.

3.  Don’t have diareha of the mounth.  Keep your answers short and to the point.

4.   Watch your body language, especially if the deposition is being video taped.

5.  Don’t fidget, wring your hands, tug your hair, chew gum or wriggle.

6.  Answer truthfully.

7.  If all else fails, your answers should be “yes”, “no”, or “I don’t recall”.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at


Can A Divorce Lawyer Ask About Sexual Activity In A Deposition?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce lawyer can ask just about anything in a deposition and the opposing lawyer just has to sit there and take it while the client answers.

Lawyers cannot advise clients  to not answer deposition questions, unless they are objecting to the form of the question or to accuse the lawyer of harassment.  In those instances, the specific question can be marked by the court reporter taking down the testimony, and the asking attorney can summon the judge on the case to decide whether or not the deponent has to answer the question.  In Palm Beach County, Florida, this is normally done on the spot by telephone to the judge for a ruling, or if the judge is unavailable, by motion and hearing.  If a hearing is necessary, the deposition will be continued to another time.

Deposition testimony is often used in the courtroom to either verify or contradict courtroom testimony.  They are an integral part of any trial.  For more information on this or other divorce topics, call the Family Law Offices of ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at for more information.

Deposition questions in divorce are usually about finances, companies, relationships, drug or alcohol use, anything that is probative to the issues in the divorce case.  Behavior, records, financial affidavits all come into question.