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Canadian Divorce Glossary
Questioning - Questioning is when the opposing lawyer asks you questions about anything he or she thinks is relevant to your divorce. Everything you say will be written down by a reporter, who will produce a transcript that can be relied on as evidence by the opposing lawyer. Questioning occurs at a court reporterís office, and not in court. A judge is not present.
The goal of questioning is to encourage a speedy settlement or, if settlement is not reached, to promote a fair trial by allowing each side to learn exactly what the other is expected to say. In the course of the questioning each lawyer learns where there are areas of agreement so they can avoid obtaining unnecessary evidence for the divorce. Admissions are obtained that can be used at the trial. . Each side is tied down to a position. At the end of the questioning each side should have the data it wants about the other partyís income, assets, liabilities, evidence to be given on important points, and the back-up documentation.
Armed with this information, it is much easier for each lawyer to assess the strengths and weaknesses of the case, negotiate a fair settlement or represent his or her client effectively.
While questioning is not required in all divorces, it is important that it be done in complex cases, in cases that are going to trial, or in cases where the facts of the case are hotly disputed.
Questions about Divorce - It is common to have questions about divorce: how do I begin, how long will it take, how much will it cost, who will raise our children, who will get our home, etc. Divorce is complicated, but the help of a compassionate, experienced lawyer means that it doesn't have to be confusing. A good lawyer will be prepared to answer all your questions in detail and make you as comfortable as possible with the process of ending your marriage.