What Every Divorcing Party Needs To Know About Discovery

Some avid watchers of television legal dramas may have heard about discovery procedures. This practice is often used in preparation for a trial. While discovery procedures are part of every criminal matter, they are also important in divorce cases. To find out more about the role discovery may play in your divorce, read on.

What Discovery Means

This practice allows the parties (you and your spouse) to both provide and share important information with your lawyers and each other. You may think your spouse already knows everything they need to know, but that is not how things work. Discovery is a legal action to compel the sharing of facts about the case between the parties, and it's not an option. There are two ways to go about discovery, and many divorces will involve a combination of the two. Discovery provides the lawyers with material to work with as they begin to hammer out agreements about the major issues. Going to court is not always the next step after discovery, but it cannot proceed until discovery is complete.

Voluntary Disclosures

To divorce, the parties must come to an agreement on issues like child custody, visitation, marital debts, and marital property. Forming an agreement without knowing the full picture is not a good idea. That is why one of the first moves made after someone has filed for divorce is to request disclosures. This might mean asking both parties to submit a list of property, debts, and financial documents like net worth statements and tax returns.

Divorce Discovery

If you are not in agreement with issues, you may need to take your divorce before a judge and that will involve a formal discovery procedure. Discovery is not just a single action but several and usually consists of:

1. Interrogatories – A series of questions to answer.
2. Deposition – Live testimony by the parties and any witnesses that is recorded and can be later used in the trial.
3. Document production – Requests for the submission of certain documents. If they are not provided voluntarily, subpoenas may follow.
4. Admissions – A series of statements that the parties agree with, don't agree with, or sustain from answering at this time.

Having to answer a lot of questions about your disintegrating marriage can be stressful and tedious, but you have your divorce lawyer to assist you. Some of the more routine questions can be completed by your legal staff, but much of it involves your cooperation. To get more information about divorce discovery, speak to your divorce attorney.