What is the Process of Discovery in a New Jersey Divorce?

In order for a divorce to be official, the couple is required to go through several different steps first. Some are that more commonly known can include child custody, child support, alimony, and the division of assets. However, there is another step that many people do not know of. This is the process of discovery. When going through divorce proceedings, it is crucial to have an experienced New Jersey divorce attorney at your side for assistance. 

What is Discovery?

Before a divorce begins, it is important that both sides are up to date on all information regarding the case. This is why the process of discovery exists. It allows both spouses’ attorneys to learn as much as they can about the case before it begins. This provides a full understanding of the spouses and any witnesses in the case. Once the process is completed, the proceedings can start. This is important for different reasons, including the following:

  • It increases the chances that agreements are reached based on accurate information
  • It proves necessary information to decide whether spouses should settle or go to trial
  • It supports the preparation of defenses
  • It avoids surprises in trial

What Types of Discovery Might Take Place?

It is important to know that there are different ways that discovery can be conducted. Attorneys can use the following different methods in order to obtain the necessary information:

  • Interrogatories
  • Requests for production of documents
  • Requests for admissions
  • Subpoena of documents
  • Depositions

Similar to other parts of divorce, the type of discovery that an attorney conducts can depend on the factors of the case. This can include the following:

  • The types of issues in dispute
  • How much access both parties have to necessary information
  • The level of cooperation in sharing information
  • The budget available to perform discovery
  • The complexity of the issues and assets in the case

How Long Does Discovery Take?

Just as every divorce is different, so is the process of discovery. This means that there is not one designated length as to how long it should last. It can vary from a few weeks to a couple of months depending on the case in question. Factors that can influence this can include the complexity of the case, the cooperation of both spouses, and any witnesses involved. However, the court can impose a deadline on the process. This can be extended in some cases if it is needed.

Contact our Firm

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.