In a divorce, the time between the filing of the initial complaint and the final disposition is consumed mostly with discovery. “What’s that?” you might ask. A divorce, like any other lawsuit, requires that each party disclose all reasonably relevant information to the other side. The law requires this in order for the Court to be in a position to make decisions based on a full and fair review of the facts.

Generally, there are three types of written discovery. Interrogatories are questions, posed from one side to the other. These are questions the attorneys use to gain information relevant to the case and give advice on case strategy. Your attorney asks them on your behalf and he must answer the other side’s questions on your behalf as well. Giving your attorney completely honest and detailed answers is imperative. Failing to truthfully answer Interrogatories may jeopardize your case.

Requests for Production are requests for the other side to produce certain documents for review and/or copying. Typically, these would include bank records, pay stubs, and even love letters. Yes, you have to turn those over.

Requests for Admission are not always used, but can be effective in narrowing the issues of your case. If you can compel the other side to admit to adultery, you put yourself in a pretty good position. There are only three acceptable answers to a Request to Admit. These are: 1. Admit; 2. Deny; 3. After a diligent effort, I do not have enough information to either admit or deny. Let me tell you something…if you Deny or say you don’t have enough information…that had better be the truth. If the other side can prove you lied, you may be sanctioned by the Court.

Discovery may also include depositions. Depositions are mini Court proceedings in which the attorneys get to ask the witness any little thing they want. If you are the one being deposed, you are under oath and, as with the written discovery, it is super important that you tell the complete truth. Any person associated with the case in any way may be compelled to give a deposition if there is a reasonable belief that they have “discoverable” information.

All of this is designed to allow the parties to have a full and fair hearing of the case. In many cases, once discovery is complete, the parties agree to settle the case without a trial. Sometimes, a trial is still necessary. You must trust your attorney to navigate the procedural requirements and lead you to the option that best suits your situation. Being completely open and honest within the attorney-client relationship is the shortest distance between you and the satisfactory resolution of your case.

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