Unfortunately, when a couple seeks a contested divorce, the process is quite long. The longest process during litigation is the discovery period. The discovery process helps both parties in the divorce to collect information and documentation about the divorce by asking questions (verbally and written) to the other party. To ensure you are ready for the discovery period during your divorce litigation, contact an experienced Union County Divorce Attorneys who can help you prepare and navigate this complex process.
What is discovery and why is it important during the divorce process?
Essentially, discovery is the process of exchanging relevant information between each spouse. During the discovery process, the court investigates different aspects of the divorce to determine a reasonable division of marital assets. During the discovery period, each party produces information and documents that help the court determine a fair settlement. This procedure can be an extremely beneficial tool for both parties as they can use the information their ex gives to their advantage. The discovery process may include:
- Notice to Produce
- Requests for Admissions
- Appointment of Experts
- Forensic accountant
- Property appraiser
- Employability expert
- Physical/Mental health specialist
However, the most common discovery acts include:
A common method of discovery used in divorce proceedings is depositions. Depositions are given under oath, they are verbal testimonies given by witnesses, spouses, and experts. Depositions are sworn outside the court.
Another tool used during the discovery process is interrogatories. Interrogatories are written sets of questions that will be asked during litigation. Interrogatories can be useful as they allow each party to ask specific questions.
Request of Admissions
Individuals may also make requests for admissions during the discovery process. Through this process, one party may request the other party to admit or deny pertinent facts about the divorce. This set of questioning is in writing.
Notice to Produce
During the discovery process, both parties may be asked to show relevant documents. These documents may include, tax returns, credit reports, bank accounts, business records, and insurance policies. During this process, important documents will be inspected and assessed. This process can be beneficial as it allows a party to request evidence of certain documents.
Individuals are required to adhere to discovery requests. If they fail to do so, they will face serious consequences that could hurt their divorce settlement. It is important for individuals to not conceal any crucial information that could hurt their credibility.
If you need help navigating your divorce, don’t hesitate to reach out to one of our knowledgeable and determined team members. Our firm is committed to helping our clients reach favorable outcomes. We are on your side and ready to fight on your behalf today. To ensure you adhere to discovery requests, reach out to our devoted attorneys.