How to Prepare for Your Divorce Deposition in Texas

Hi, this is Channa Borman with straight talk and honest advice about family law here in the Brazos Valley.

For 26 years, I have been helping people navigate through their Texas divorce, family law, and child custody problems. Over the years, I have learned that my clients are often apprehensive and fearful about appearing in court. They are unsure what to expect, how a divorce deposition in Texas works, or how to prepare for a divorce deposition in Texas. For most of my clients, the only exposure they have to court is seeing it on television. But, unfortunately, I can tell you real court is not like what you may see on TV.

Watch the video: Top Tips for Preparing for Your Court Appearance

How to prepare for your divorce deposition in Texas

So that I can help you prepare for your divorce deposition, I will provide you with my advice and what I always share with my clients, including how you should dress, how to present yourself in court, and how to communicate with your lawyer during the trial.

How to dress for your divorce deposition

How you dress is important in how you present yourself in court. For example, you should dress as you would for a job interview or what you would typically wear to church. However, remember it is essential that should you also be comfortable with what you are wearing. For example, if you’re a jeans and t-shirt type of guy, you don’t need to wear a formal three-piece suit with a tie, because that is not who you are, and you’ll be uncomfortable. That uncomfortableness, as you know, can cause an awkward feeling of not being used to doing something. In court, this can read to others and seem to others as you are being untruthful. In this case, I would suggest wearing nice jeans and a button-up shirt.

For women, it is also important how you present yourself in court. I always suggest to my clients that less is more. So no heavy makeup or jewelry. You want to present your best image to the judge, so the judge will believe what you’re saying.

How to present yourself during your  deposition

You must present yourself to the judge as professionally as possible in court. For example, one thing that drives judges crazy is physical manifestations of your disagreement or agreement with the testimony that’s going on while you’re sitting at the council table with me. So, it would be best if you did not make any motions, comments, or gestures. For example, if you shake your head or make small comments, a judge will feel like you’re trying to testify through your conduct. A judge does not appreciate that behavior, which can also make you seem less credible. Instead, as the other parties or people are testifying, you should sit quietly and calmly and listen to what they’re saying. If you feel you need to say something, take notes instead.

The last thing, and maybe the most important, is how you communicate with your lawyer while other people are testifying. You and your attorney need to understand what’s happening during the trial process. Your divorce attorney is listening to the questions asked by the other attorney. Your attorney is trying to decide if they should object to questions. Attorneys are also listening for what answer will come out of the witness’s mouth to determine if they should object to that answer. To a certain extent, attorneys are trying to predict what will come out so we can cut them off with an objection if we need to do so. During this time, we have many balls in the air while everything is happening.

So, as my client, if you’re trying to speak with me as questioning is happening, this is a huge distraction and can prevent me from doing what I need to do for your case. So, instead, I suggest to my clients to always take notes. For my clients, I’ll always give them a pad of paper and a pen.

However, it’s important to remember that your notes should not just be comments or things you may disagree with. Instead, it would help if you wrote down precisely what is not accurate in the testimony. Hence, your attorney cross-examines those points—so communicate with your attorney by taking detailed notes so your attorney can better represent you in that trial process.