How does discovery work? It’s like a scavenger hunt. Your attorney will receive a list (usually long) from your spouse’s attorney, setting out all the information that lawyer wants—bank statements, credit card slips, cancelled checks, loan applications, credit card applications, deeds, wills, names of anyone with whom you own property; the list is limited only by the lawyer’s imagination and the local law. What if you don’t have the materials requested? 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. Discovery is not limited to the production of written materials. You could also be deposed—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. 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 psychological examination (particularly if custody is at issue or you claim you need support because you have psychological problems). A judge need not be involved in discovery if the lawyers agree on a schedule and stick to it and if they agree on what is to be disclosed. However, if one side doesn’t agree on what is to be disclosed, then the decision will rest with the judge.
