Unfortunately, it sometimes take several weeks before a temporary petition can be scheduled before the Court. When the Judge rules on temporary petitions, the rulings stand and are valid and enforceable throughout the course of the divorce proceeding. It must be noted that the Judge's decision on temporary issues is not a guarantee as to how the Judge will ultimately rule at the final divorce hearing. Discovery is the means by which each side obtains information from the other. The most commonly used discovery tools in divorce cases are Interrogatories, Requests to Produce and Depositions.
Interrogatories are formal written questions which one side asks the other.
Once Interrogatories are sent to the other side, they are required to answer those Interrogatories within 28 days. If the questions are not answered within 28 days, there may be serious consequences to the side who refuses to answer the Interrogatories. Requests to Produce ask the other side to turn over certain items. Usually, these request ask for written documents such as tax returns, pay stubs, banking and other financial records and retirement plan information. This type of documentation is necessary to help the attorney determine what position to take at trial.