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February 4, 2025 40 mins

The Art of Divorce Depositions: Strategy, Preparation, and Success

In this episode of the season-long "Your Divorce Case" series, Seth and Pete tackle one of the most crucial elements of divorce proceedings: depositions. As Seth notes, depositions are where cases can be won or lost, making this episode essential listening for anyone facing divorce proceedings.

The discussion reveals the strategic chess game that unfolds during depositions, from how attorneys prepare their clients to the careful dance of questions and answers. Seth shares insights from his years of experience, explaining why depositions are his favorite part of legal proceedings and how proper preparation can make all the difference. The episode covers everything from the basic structure of a deposition to advanced techniques for handling difficult questions, all while emphasizing the importance of authenticity and honesty in your responses.

Questions we answer in this episode:

  • What rules should I follow when answering deposition questions?
  • How do attorney objections work during a deposition?
  • What rights do I have if questioning becomes hostile?

Key Takeaways:

  • Listen carefully and only answer exactly what's asked
  • Take your time reviewing documents
  • Stay authentic - don't try to outsmart the process

This episode provides invaluable insights for anyone facing a deposition, offering both practical guidance and strategic understanding. Seth's enthusiasm for the deposition process, combined with real-world examples, makes complex legal concepts accessible and actionable for listeners.

Links & Notes

  • (00:00) - Welcome to How to Split a Toaster
  • (00:26) - Depositions
  • (00:56) - What Is a Deposition?
  • (02:41) - An Art, Not a Science
  • (03:36) - Who Is Present?
  • (04:02) - Questions and Answers and Objections
  • (07:34) - Recorded vs. Live
  • (09:10) - Strategy
  • (13:39) - What You Can’t Do
  • (16:05) - Attorney Client Privilege
  • (18:11) - Preparing the Client
  • (20:33) - It’s an Interview, Not a Conversation
  • (23:00) - How Much Coaching Works
  • (25:11) - Recording Types
  • (27:27) - Understand the Theme of Your Case
  • (30:33) - Ethical Considerations
  • (32:44) - Take Your Time
  • (35:33) - Making Mistakes
  • (36:53) - Wrap Up
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