“Getting the Goods” on your Spouse in Divorce Proceedings

The term “questioning” is used to describe the process in which your spouse’s lawyer asks you questions to gain information that is relevant or helpful to your divorce.  Questioning, or Examination for Discovery, is not always required but it may encourage a faster resolution to more complicated divorce proceedings. It is done under oath and is sworn testimony, but is not conducted in the presence of a judge. Typically only your own lawyer, the opposing lawyer and a court reporter will be in the room.

The questioning or discovery process can be very intimidating, stressful and frustrating.

Some ways to remain calm and do your best during questioning include being extremely precise in your answers. Be truthful, but don’t forget the purpose of this questioning is to help your spouse’s case, not yours. Simply answer the questions asked of you, there is no obligation to provide additional information or elaborate.

Because you’re under oath, if you answer “I don’t know” or “I don’t remember”, you’ll be swearing that’s the case and it won’t matter if you remember later. Avoid using these phrases, but give accurate answers if there is no alternative. If the case goes to trial and your answers change, it can bring up the question of your credibility. If you do not understand a question, ask for it to be repeated. Try to be fully prepared for your questioning by reviewing and bringing all applicable documents with you, or at least any financial statements you have.

Typically the court reporter will be typing everything that is said, and this can be difficult if more than one person is talking at the same time. Speak clearly and loudly so you are not misunderstood, and use the words “yes” and “no” as opposed to nodding or shaking your head. Remain focused above all else, and listen intently and answer honestly.

A good family and divorce lawyer can certainly assist you in managing this stressful questioning  process and while you should never be “coached” in answering questions, you should be properly prepared, otherwise your rights could be adversely effected.

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By michael - Last updated: Tuesday, December 15, 2009
Filed in Divorce, Divorce Lawyer • Tags: