Depositions in California Family Law Cases

Depositions represent a pivotal moment in family law cases, often determining whether your divorce or custody matter will reach a settlement or proceed to trial.

As sworn testimony given outside the courtroom, depositions create permanent records that can impact property division, support payments, and child custody arrangements for years to come.

Facing a deposition in your family law case can feel overwhelming. You may wonder what to expect, how to prepare, and why this step matters in your legal journey.

As you navigate your California family law case, understanding the deposition process gives you a significant advantage.

This knowledge helps you approach this critical event with confidence rather than anxiety.

What Is a Deposition in Family Law?

A deposition is sworn testimony given outside of court before your case goes to trial. You answer questions under oath while a court reporter creates a word-for-word transcript.

Think of it as testimony without the judge or courtroom. The legal weight, however, remains the same—you swear to tell the truth, and your answers become part of the official case record.

Being “deposed” simply means you’re giving this sworn testimony in a formal legal proceeding.

In family law, depositions serve as powerful tools for gathering information about various aspects of your case.

They commonly cover financial assets and liabilities, business ownership details, parenting practices, spending habits, employment history, and property valuations.

The Deposition Process in California

California has specific rules governing the deposition process in family law cases, as outlined in the California Code of Civil Procedure and the California Rules of Court.

Who Can Be Deposed

Anyone with relevant information about your case may be deposed. This includes:

You or your spouse – Central parties in the case, often deposed to clarify financial, parenting, or relational matters.

Financial experts and accountants – Called to explain asset values, income sources, and business financials.

Business partners – May offer insights into ownership interests, business operations, and valuations.

Family members – Can speak to family dynamics, parenting practices, or witness relevant events.

Childcare providers – Often asked about daily routines, caregiving history, and child behavior.

Mental health professionals – Provide input on emotional well-being, therapy progress, or parenting capacity.

Private investigators – Share observations or evidence gathered during their investigation.

Any other relevant witness – Anyone with knowledge that could affect property division, custody, or support issues.

Setting and Participants

Most depositions take place at an attorney’s office, though some may occur at neutral locations like court reporter offices.

The setting is typically a conference room with enough space for all participants.

Present at your deposition will be you (the deponent) and your attorney (if you have one), providing support and protection of your rights. 

The opposing attorney will conduct questioning, while a court reporter documents everything said. 

Your spouse may attend, though this isn’t always the case. If the deposition is being recorded, a videographer will also be present to manage the recording equipment.

Timing in the Legal Process

Depositions usually take place during the discovery phase, which begins after the initial divorce or custody paperwork is filed.

Discovery is the part of the case where both sides exchange information and gather evidence. 

Depositions are one of the tools used during this phase to collect sworn testimony before going to trial.

Most occur between three and six months into the case. However, this timeline isn’t fixed.

In some cases, depositions happen earlier, especially if urgent issues arise or key witnesses may become unavailable.

In complex or high-asset cases, they might be scheduled later to allow time for document exchange, expert involvement, or ongoing negotiations.

The actual timing depends on your case’s needs, your attorney’s strategy, and the court’s schedule.

California-Specific Rules

California has specific rules that affect your deposition experience. State law limits depositions to seven hours in one day unless the court orders otherwise.

Attorneys must provide ten days’ notice before scheduling a deposition date.

The state also has specific objection protocols that differ from some other states, and allows for telephone or video depositions when appropriate for the circumstances.

California also has specific rules regarding deposition subpoenas for non-party witnesses and witness fees that must be paid when serving a deposition subpoena.

What Happens During a Family Law Deposition

Understanding the step-by-step process helps reduce anxiety about your deposition.

Before Questions Begin

The deposition starts with important formalities that establish the official record.

First, the court reporter swears you in, just as would happen in court. The attorney taking the deposition then states the ground rules for the proceeding.

Your attorney may clarify certain procedures to protect your rights, and the questioning attorney provides basic instructions about answering questions.

These preliminaries ensure you understand the process and create a foundation for the official record.

They typically take just a few minutes but set important parameters for the testimony that follows.

Types of Questions Asked

In family law depositions, questions follow patterns based on case issues. 

Background Questions

Background questions establish context by covering your education, employment history, and family background.

These seemingly simple questions provide a foundation for more specific follow-up inquiries.

Financial Questions

Financial questions become particularly detailed in cases involving property division and support issues.

You’ll likely face questions about your various income sources, banking and investment accounts, and spending patterns.

Attorneys often inquire about business interests, real estate holdings, retirement accounts, and outstanding debts to create a complete financial picture.

Child Custody Questions

When children are involved, custody deposition questions often take center stage.

These questions explore your daily routines with children, discipline approaches, and educational involvement. 

All custody-related testimony is ultimately evaluated based on the child’s best interests, as defined under California Family Code § 3011. 

Attorneys may ask about healthcare decisions, safety, accommodations for any special needs, co-parenting communication styles, and your future parenting plans.

Support Questions

Support-related questions focus on financial aspects that determine spousal and child support obligations.

Attorneys will inquire about your income history, earning capacity, standard of living, children’s needs, and healthcare costs to establish appropriate support levels.

Relationship History Questions

Questions about your relationship history provide context for the current proceedings.

Attorneys may ask when problems began in your marriage, about communication patterns between spouses, and specific incidents that impacted the relationship.

How Testimony Is Recorded

The court reporter creates a verbatim transcript of everything said during the deposition.

This professional uses specialized equipment to capture every word spoken by all participants. Some depositions are also video recorded, capturing non-verbal cues and reactions that a written transcript cannot convey.

After the deposition concludes, you’ll receive the transcript for review. This gives you an opportunity to check for errors, make limited corrections, and sign the document.

The review process helps ensure accuracy, but has strict time limitations for completion.

Why Depositions Matter in Family Law Cases

Depositions serve several critical purposes that directly impact your case outcomes.

Information Gathering

Attorneys use depositions to learn details they couldn’t get through written discovery alone.

Your spontaneous answers often reveal information that careful written responses might not include.

The question-and-answer format allows for follow-up inquiries that can uncover important nuances.

This thorough information gathering helps both sides understand the full picture before negotiating settlements or preparing for trial.

The details revealed often influence case strategy and settlement positions for both parties.

Testing Potential Trial Testimony

Your deposition gives attorneys a preview of how you might perform as a witness at trial. They carefully assess your credibility and consistency throughout questioning.

Your recall of important details demonstrates your grasp of relevant facts.

How you handle difficult questions reveals your temperament under pressure, while your overall demeanor and presentation shape impressions about your credibility.

These impressions influence settlement strategies and trial preparations for both sides.

A strong performance can strengthen your position, while inconsistencies or emotional reactions might become areas to address before trial.

Impact on Settlement Negotiations

Strong deposition performance often leads to more favorable settlement offers.

When you present as a credible, prepared witness with sound positions, the opposing side may reassess their strategy and expectations. 

Your thoughtful, consistent testimony can highlight the strengths of your case and the challenges they might face at trial.

Many cases settle after depositions precisely because both sides gain clarity about case strengths and weaknesses.

This clarity often facilitates more productive settlement discussions and realistic expectations from all parties.

Preservation of Testimony

Deposition transcripts preserve testimony that might be needed later if circumstances change. This becomes important when witnesses become unavailable due to relocation, illness, or other factors.

Memories naturally fade over time, making contemporaneous testimony particularly valuable. 

When a trial occurs months or years after events, having preserved testimony ensures accuracy. If testimony changes between deposition and trial, the earlier statements provide a basis for comparison.

This preservation ensures important information remains part of the record regardless of timeline or changing circumstances.

The official transcript serves as an objective record that can be referenced throughout your case.

Your Rights During a Deposition

Understanding your rights helps you navigate the deposition process confidently.

What Are Your Rights in a Deposition?

During a California family law deposition, you have important rights that protect you throughout the process:

While having an attorney represent you during a deposition is strongly recommended, it is not legally required. You have the right to represent yourself in your family law case, including during depositions. 

However, because depositions involve sworn testimony and legal procedures that may significantly affect your case, many people choose to have legal counsel present to protect their rights and ensure proper handling of objections and complex questions.

Depositions Are Under Oath

Your deposition testimony carries the same legal weight as courtroom testimony.

When you’re sworn in at the beginning of your deposition, you take an oath to tell the truth, subjecting yourself to potential perjury charges for knowingly false statements.

This oath distinguishes depositions from informal interviews or conversations. Your statements become legally binding, which is why proper preparation is essential.

Right to Counsel

Your attorney should be present throughout your deposition, providing important protection and support.

While they can’t answer questions for you, they serve essential functions during the proceeding. 

They can object to inappropriate questions that violate procedural rules or privilege. They may request breaks when you need time to regroup or address personal needs.

During breaks, they can provide advice about how to handle challenging topics. 

Throughout the deposition, they monitor the process for procedural issues that might affect your rights.

Their presence ensures the deposition follows proper protocols and protects your interests throughout the proceeding.

You can rely on their expertise to guide you through difficult moments.

Objections and Their Meaning

During your deposition, your attorney may object to certain questions for various reasons. They might note that a question “calls for speculation” when you’re asked to guess about something outside your knowledge. 

Questions deemed “vague and ambiguous” lack clarity or contain multiple interpretations. When you’ve already provided information, your attorney might note that a question has been “asked and answered.”

Questions without proper context may receive a “lacks foundation” objection, while certain communications might be protected as “privileged information.”

In most cases, you’ll still need to answer despite these objections. They serve to preserve the issue for potential court review later and aren’t meant to prevent you from answering in the deposition setting.

California has specific rules governing objections at depositions. Your attorney will instruct you not to answer only in very limited circumstances involving privilege, privacy protection, or court-ordered protections. 

Understanding the deadline to object to a deposition notice in California is also important. If there’s a problem with how the deposition was scheduled or noticed, objections typically must be raised before the deposition. 

If the issue arises during the deposition itself, your attorney must object promptly to preserve your rights.

Review and Correction Process

After your deposition, you’ll receive a transcript to review for accuracy. This important step gives you the opportunity to correct transcription errors or clarify misstatements that could affect your case. 

You should note, however, that substantial changes may draw scrutiny and could be used to question your credibility.

The correction process has strict timelines—typically 30 days from receipt of the transcript.

Review your transcript promptly when received to ensure you meet these deadlines and preserve your right to make necessary corrections.

Breaks and Time Limits

California law limits depositions to seven hours in one day unless otherwise ordered by the court. This protection prevents unreasonably long questioning sessions and helps maintain focus.

You’re entitled to reasonable breaks for meals, rest, and consultation with your attorney throughout the day.

If you need a break, you can simply ask for one at an appropriate moment. However, if a question is pending when you request a break, you should answer before pausing. This ensures the record captures your complete response to each question asked.

Protection Against Harassment During Depositions

If the deposition process becomes abusive, intimidating, or includes unreasonable questioning, you have legal options. California law allows you to request a protective order from the court. 

This order can limit who may attend, the types of questions asked, or even halt the deposition altogether if it’s being used to harass or intimidate.

Special Considerations for Expert Depositions

Expert depositions in California family law cases follow distinct rules. If your case involves business valuations, psychological evaluations, or other specialized issues, expert witnesses may be deposed.

California has specific procedures for expert depositions, including timing requirements and disclosure obligations.

These depositions often involve technical questions about methodology and professional opinions.

Supporting Depositions

Supporting depositions from third parties can strengthen your case by providing independent verification of key facts. These might come from:

• Financial professionals who can validate asset values
• Childcare providers who can speak to parenting practices
• Mental health professionals who can address family dynamics
• Witnesses to specific events relevant to your case

If you’ve hired experts to support your case, your attorney will work with them to prepare for their depositions, ensuring they can effectively communicate their findings and withstand challenging questions.

Practical Preparation Tips

In the days before your deposition, practical preparations can reduce stress and help you focus on your testimony. 

• Ensure you get adequate rest the night before to maintain mental clarity. 
• Plan to dress professionally and comfortably for the long day ahead. 
• Bring water and any permitted notes to the deposition location. 
• Clear your schedule for the entire day to avoid feeling rushed or distracted. 
• Plan your transportation and parking arrangements in advance to arrive on time. 
• Familiarize yourself with the location and arrival procedures to eliminate last-minute confusion.

These practical steps might seem minor, but together they create conditions for your best performance.

By addressing these details in advance, you free your mind to focus completely on providing thoughtful, accurate testimony.

Your Deposition Success Starts with Knowledge

Understanding the deposition process is your first step toward navigating this critical phase of your family law case successfully.

With proper preparation and clear expectations, you can approach your deposition with confidence.

The testimony you provide shapes the direction of your case and can significantly impact outcomes related to property division, support, and child custody matters.

Your prepared, thoughtful participation matters more than you might realize.