Phase 2: Answer to the Complaint and Counterclaim

Within the period specified in the summons, the defendant spouse (through an attorney) will file a response admitting or denying the specific statements or allegations in the complaint. This response is an answer.

If the defendant spouse believes that he or she has some claims against the plaintiff, the defendant may file (again, through an attorney) a court pleading called a counterclaim. Like the plaintiff's complaint, it states certain facts and then requests court relief for many issues.

Phase 3: Discovery of Facts and Production of Documents

The attorneys will need to verify the facts in the complaint and any counterclaim. They must review documents and records of each spouse. This is called discovery. Each attorney files detailed lists of what they need to review in a court pleading called a request for production of documents and records or a notice of discovery and inspection. This pleading states the time and place to produce everything for review and copying.

One of the first documents most attorneys want is a financial affidavit or net worth statement. This is like a financial balance sheet, except that it includes much more detail as to personal expenses and assets. Because this pleading is usually a sworn statement filed with the court, accuracy is very important.

During discovery, each attorney may secure appraisals of property, businesses, and other assets. Current, accurate values are needed to make a fair division of marital assets. If child custody is an issue, each spouse may undergo psychological studies to make sure home settings are suitable.

Attorneys can ask questions in two ways about the case and documents produced. First, the attorneys exchange written questions (interrogatories) for each spouse to answer and file with the court. Second, each attorney can ask questions of the adverse party spouse and his or her witnesses face-to-face and under oath, using a court reporter. This is an oral deposition.