My divorce is going to court...Update Mar 11

[Queen of Poop]

After receiving his ridiculous settlement offer we are going to court. Later in January I must be questioned by his lawyer for a thing called discovery. A couple days later he will be questioned by my lawyer. Apparently this questioning can take 6 hours. Anyone been thru this before? I'm really wondering what will be asked.

[NicoleLJ]

Sorry I have no advice or experience for you. I think it might be to discover what posessions there are to be divided, maybe? See if one of you is hiding something from the other.

I am filing for my divorce hopefully at the end of January. Sending you hugs your way and prayers that all goes well.

[Catty1]

Cataholic would know the meaning of the term...my best guess is that it means 'discovering' the facts, in this case the financial disclosure.

From what you have said, your lawyer is getting ready to really enjoy her side of this!

[wombat2u2004]

After receiving his ridiculous settlement offer we are going to court. Later in January I must be questioned by his lawyer for a thing called discovery. A couple days later he will be questioned by my lawyer. Apparently this questioning can take 6 hours. Anyone been thru this before? I'm really wondering what will be asked.

Here you go........

http://family.findlaw.com/divorce/di...discovery.html

I find it odd tho, that you are to be subjected to questioning by HIS lawyer.
That doesn't happen here downunder. HIS lawyer may ask information from YOUR lawyer, who in turn asks you for that information.

[Pinot's Mom]

{{{hugs}}} - hoping all goes well in this process.

[Queen of Poop]

Thanks all, and thanks Wom. Really good info there. We've already supplied all the documentation, did that a year ago.

[happylabs]

You should ask your lawyer these questions if you are paying him/her. I would think also that your lawyer should be present for the discovery. I live in Pennsylvania and we did not do that when I went through my divorce.

The two attorneys talked between themselves and I believe my lawyer asked me questions and she filled out the papers while I was there in her office.

Make sure you have a divorce lawyer, one that handles divorces on a regular basis. Never get a general lawyer for anything important.

I work in the legal system as a secretary to a administrative law judge for the state.

I wish you well. It is not easy. It has been 8 years since I went through mine. The ex left me for his old college girlfriend. If there are things you feel strongly about keeping, be firm. I didn't back down and ended up with the house, my car and $600.00 a month child support. All he cared about was being with the girlfriend.

Good luck!

[Cataholic]

QoP- I am always happy to answer, privately, any questions you might have. I have reason to believe the litigation process is similar in the US and Canada. Not identical, but similar.

Litigation is in stages. First is the pleading stage- Complaint (or Petition), Answer, Cross claims (if applicable). Everyone is setting up their case- in very broad, and yet to be proven- terms.

After the pleading stage, the litigation moves into the discovery process. As someone pointed out, it does mean to 'discover' what opposing parties cases are about. I believe that Canada is an 'adverserial' system, like the US, but doesn't allow 'trial by ambush' (I think GB allows that). So, when the parties go to trial, everyone knows what everyone intends to introduce as evidence. They get that information in the discovery process. Generally, the discovery process starts with written discovery, called interrogatories (questions) and request for production of documents. In a divorce case, the documents would prolly be the focus- pay stubs, last years earnings record, debts, assets, mortgage amount on house, etc.

After written discovery, most of the time it moves into depositions. I think you meant you are going to be [I]deposed[I] in your original post. That is the time where you are placed under oath/affirmation, and the other attorney gets to ask you questions, and you provide answers. Then your attorney does the same thing. 6 hours seems super, duper long. BUT, I always tell people I am the fastest depo taker in the universe. I don't ask those usual questions, the ones I don't really care about. I have had clients deposed, for personal injury lawsuits in which the other attorney talks about their entire education....I mean all the way back. Whatever for, I don't know.

So, you are probably being deposed, and your attorney would be able to guide you in this process. I normally prep my people an hour or two, plus send them home with some light reading material about the general dos and don'ts. I am in no way saying your attorney should do this, that what I do is better, etc. I am not providing you legal advice, I am not licensed to practice outside my own state, this does not constitute a legal relationship, etc. Just some general, basic comments on the litigation process.