The Discovery Process in a Divorce

The Discovery Process in a Divorce

If you are going through divorce litigation, one of the steps you will encounter is the discovery process, during which there is an exchange of information, documents, and other pertinent evidence between both parties. The ultimate goal of discovery is to ensure both spouses have the same information regarding the case, resulting in fairer negotiations and a better understanding of what to expect from the other side if the case goes to trial.

More About the Discovery Process

Discovery is an incredibly labor-intensive process and both spouses must be honest and cooperate by providing all the requested information. Otherwise, you may face some severe penalties that will impact the outcome of your divorce. Your respective attorneys will take the lead during this process, asking one another’s clients for information and asking questions to ensure client and attorney are being forthcoming and honest.

Although most divorces never actually go to trial, a skilled divorce attorney will prepare every case as if it is going to trial. After all, the information collected will be useful even during settlement negotiations and it is one of the best ways to ensure you are receiving a fair resolution.

Below is a list of different forms of discovery:

  • Interrogatories: These written questions are typically very general, requesting work history, a list of personal property, education, assets and income, real estate holdings, and more.
  • Requests for admission: A series of short and pointed questions that are used to identify issues that are not in dispute.
  • Requests for production of documents: A formal request for specific documents, such as financial information, emails, or statements made by family.
  • Subpoenas: These are used to request information from those who are not parties to the lawsuit.
  • Depositions: After both spouses’ attorneys exchange documents, depositions will be scheduled, which typically take place with a court reporter present. Lawyers ask questions and witnesses must answer truthfully.

Lying during the discovery process can result in serious consequences.

Speak to an Experienced Divorce Attorney About Your Case!

If you are ending your marriage, the knowledgeable family law team at the Law Offices of Jeffrey S. Graff can help you. Backed by more than 35 years of experience and a dedication to helping clients navigate some of the most emotional legal matters, you can trust in our ability to represent you.

Reach out to our law office today at (805) 633-4999 to schedule a consultation with our skilled attorney to get started on your case.

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