The Legal Issues 121
its initial filing. Meanwhile, the remainder of the property settle-
ment issues won’t be resolved until the case gets to trial, a year
or so later.
The discovery process—drama and delay. Following the issuance
of initial orders for temporary relief, but before your case actu-
ally gets to trial, it will often go thorough an exhausting, elon-
gated, exasperating, and expensive process called “discovery.”
This entails an exchange of information between and about the
parties. The production of documents, depositions (under oath
before a stenographer), interrogatories, physical or psychologi-
cal examinations may all be involved. The respective attorneys
will demand and exchange information on bank accounts, loan
applications, canceled checks, credit cards, business or asset
evaluations, house appraisals, wills, deeds, and everything else
under the sun. This process has been compared to a giant scav-
enger hunt wherein everything imaginable about the parties and
their assets gets investigated. It is also extremely draining, both
emotionally and financially, and tends to inordinately prolong
the case. Most clients detest this juncture. I recommend reaching
mutually agreed stipulations on as many of these items as pos-
sible, and as soon as possible.
Gaining the interim upper hand. Not surprisingly, the manner
in which a case gets postured in its early stages becomes crucial
in determining the final result. Restraining or protective orders
are often the legal remedy sought by those dealing with conflict,
threats and/or actual physical abuse between family members.
Restraining orders are also used frequently for the primary pur-
pose of trying to gain an early advantage in a custody fight.
A good divorce lawyer will try to set things up at the outset
so that their client is the person who gets the house, the kids, the
support, etc.—at least temporarily. In fact, it is not at all unusual
for whichever side has gotten the upper hand during the tem-
porary orders juncture of the case to then try to stall during the
discovery phase in order to preserve their strategic advantage as
long as possible. More often than not, the temporary orders that
are issued (especially regarding custody) will tend to dictate the
final result.