Discovery refers to the part of a legal proceeding where both parties actively exchange important information and documents related to the case. It is often in preparation for settlement negotiations or trial proceedings. In a divorce, it plays a crucial role in ensuring a fair division of assets.
Discovery usually starts soon after serving the initial divorce papers and can continue right up until the trial. The timeline can vary depending on the case’s complexity and the court’s schedule. The process usually involves a variety of methods.
Interrogatories
One party sends written questions to the other, who must answer them in writing and under oath. These questions often cover details about finances, employment and other relevant aspects of the case.
Requests for the production of documents
Either party can ask the other to provide specific documents or records relevant to the case. This can include bank and credit card statements, property deeds or employment records.
Depositions
During a divorce deposition, both parties’ attorneys ask one of the spouses or a witness questions in person. The individual must answer truthfully under oath, similar to testifying in court. A court reporter records everything said. The attorneys then use these sessions to gather important details about issues like finances, child custody or property division, and to evaluate how the person might present their case in court.
Requests for admissions or inspection
One party may send statements to the other, asking them to admit or deny specific facts about their marriage or financial situation. For example, they might ask about the value of shared property or the existence of certain debts. This process helps narrow down the issues that they need to discuss in court.
Expert witness disclosures
Some divorce cases require the analysis of a qualified professional. For example, a financial expert might explain the value of a business or property. When this happens, each side must share who their expert witnesses are and what makes them qualified. They also provide a simple overview of what the expert will say in court.
Discovery can facilitate a smooth resolution
With a clear understanding of the evidence and facts, parties may be more willing to negotiate and reach a settlement, avoiding the time and expense of a trial. An attorney can help you navigate the process and negotiate an agreement that protects your best interests.