Skip to main content

What types of questions are asked at a deposition?

Sayville, NY |

my soon to be ex's lawyer is insisting on deposing me. When my attorney said he will be deposing her at the same time they went crazy! they are trying everything in their power to get out of being deposed. What types of questions can be asked? and why are they so afraid? I am not even sure what the purpose of the deposition is? will it be about our children?

+ Read More

Attorney answers 5


A deposition is questioning under oath but not in the courtroom . It is informal formal questions, more than the interrogatories that you might have answered and might possibly be used at trial if different answers are given to the same questions. It also gives the attorneys an idea of the strength of their respective cases. Your attorney will prepare you for this. Your "ex" may not want to face certain questions under oath, often those are questions related to finance.


Depositions focus on any unresolved issue in the divorce. They're somewhat unusual except in high value or high conflict cases.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Howard E. Knispel

Howard E. Knispel


Depositions are used in most contested divorce cases in Suffolk County.


The purpose of a deposition is to gain discovery material in addition to that which has already been provided. There are times that it gives one side information that they can use if the case goes to trial. Sometimes it is used to aggravate the other side and push people closer to a resolution. Your lawyer should be able to gauge what is going on. Good luck.

This answer is only for informational purposes and is not meant as legal advice.


Anything relevent to the issues in the case. Pretty much the only thing that cannot be asked is a question that is palpably improper or seeks to violate a priviledge such as attorney-client or doctor-patient unless the priviledge has already been wavied.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Howard E. Knispel

Howard E. Knispel


Depositions can not be used for questions on grounds. It is restricted to financial matters.


A deposition is part of discovery and is meant to find out financial information. It is standard in most contested divorce cases. The attorney will ask questions of the deposed person in front of a court reporter. Usually both sides are deposed at the same time or shortly after one another.

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

Get Avvo’s 10-part divorce email series

A weekly guide with tips and legal advice for each stage of the process.

Divorce topics

Recommended articles about Divorce

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer