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he gave you the money to pay the mortgage each month. But you spent it on a vacation. He might include cancelled checks as exhibits. If he wants additional relief, such as an order directing you to pay the utilities on the house, he can ask for that as well. That's called a cross-motion. |
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You then have the chance to respond to both his response to your motionmaybe those checks were used for foodand his cross-motion. He then responds to your response to the counter-motion. All the paperwork eventually goes to the judge, who makes a decision. |
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In some jurisdictions, even with all this paperwork, the lawyers still must appear in court and present oral arguments to the judge. You can well imagine that by the time all is said and done, you could have taken a trip to the U.S. Open instead of paying legal fees in your own tennis match. |
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Before your case can go to trial, you will go through the process of discovery. Here, you and your spouse, working through your attorneys, exchange information that may be important to your case. In some jurisdictions, discovery is limited to financial issues. In other places, the discovery can involve issues of physical and mental health, especially if these issues were part of the grounds for divorce. |
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How does discovery work? Remember when you used to go on scavenger hunts? Discovery is like a scavenger hunt. Your attorney will receive a list (usually long) from your spouse's attorney setting out all the information that lawyer wantsbank account statements, credit cards slips, canceled checks, loan applications, credit card applications, deeds, wills, names of anyone with whom you own propertythe list is limited only by the lawyer's imagination and the local law. |
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What if you don't have the materials requested of you? Unfortunately, your spouse probably won't believe you. You could end up before a judge, with your spouse's lawyer claiming you're hiding information, and your lawyer explaining that you no longer have it. A judge will then rule for or against you. |
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Discovery is not limited to the production of written materials. You could also be deposedbe obligated to answer questions under oath in front of a stenographer, your spouse, and his lawyer. You could be served with extensive written questions, which you are obligated to answer truthfully. |
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Discovery could also involve a physical examination by a medical doctor (if, for example, the issue is your ability to work), a blood test (if the issue is paternity), and even a |
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