The other consideration is that if the other side senses that you are not prepared or have not asked the right questions as part of discovery, they make take that to mean you are at a distinct disadvantage. The last thing you want in a divorce trial is to be ambushed or surprised by the introduction of information you are not prepared to react to, placing you squarely at a disadvantage. The information that comes out in discovery is the foundational basis for arguments and facts presented in a trial.Įven the best attorney can lose a case or gain an unfavorable settlement if they are unprepared or did not conduct thorough due diligence. While both sides are often able to negotiate a settlement without going to trial, an attorney will act as if a divorce is going to trial. Discovery can also be sometimes used as a weapon when it comes to requesting alimony, child custody or child support, depending on laws of a state. This is all part of the process to get an overall picture of how much money, earning power and assets a spouse has. It’s also fair to note that at times, an attorney will be looking for hidden assets or testing the other side to make sure they are being fully forthcoming. But attorneys will be driving the process and they will want to make sure they have all bases covered so that can represent their client to the best of their ability. Part of the hassle of discovery is that you may be asked to produce documents and information your spouse already has. Discovery can also be impacted by the level of cooperation between you and your spouse, how much access each of you has to certain information and how much your budget can withstand to pay for various discovery actions.ĭiscovery can include interrogatories, requests for production of documents, requests for admissions, depositions and subpoenas. ![]() There are different kinds of discovery and the types of discovery you go through could be influenced by the issues that need to be resolved. ![]() But you must cooperate fairly and honestly or run the risk of incurring penalties that could work against you in a big way. People often dread discovery because there is a lot of information that may need to be gathered which can result in a very labor-intensive and tedious process. In addition, a judge must be in possession of all the facts of your divorce so that fair decisions can be reached if he or she needs to make rulings.ĭepending on the level of cooperation between both sides, discovery can either proceed relatively smoothly or it can become dicey and contentious, causing a lot of delays and costing a lot of money. The goal of discovery is to make sure that both sides have the same information that will allow you to better negotiate a fair agreement as part of your final settlement. What is the discovery phase of a divorce?īy definition, discovery is part of the pre-trial phase of a divorce in which each side obtains evidence and information from the other side. What happens if you don’t comply with discovery.How the discovery process works in divorce. ![]() So if you want a better understanding of what to expect, you’ve come to the right place. If you’re involved in an attorney-driven divorce (aka litigation), chances are discovery will be part of the process. This is the ultimate guide to divorce discovery.ĭiscovery isn’t always talked about a lot in divorce, but it can be one of the most critical steps to ensuring you have a complete understanding of the facts – particularly if your spouse is being less than forthcoming.
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