The Discovery Phase of Divorce

If your divorce has contested issues that require a trial before the family law judge, you and our spouse will be required to participate in discovery. This phase of litigation is extremely important, but it can also be frustrating. Discovery can be time-consuming and expensive. However, it is essential to be thorough in gathering the documents, testimony and other types of evidence you need to support your case and defend the allegations being made by your spouse.

Interrogatories are a list of questions that you can send to the other side to answer in writing. They must be answered under penalty of perjury. A Request of Admissions often accompanies the Interrogatories. This request includes a list of statements which the other party must admit or deny in writing, also under penalty of perjury. Finally, each party can take depositions of the other party and any relevant witnesses. The discovery process allows each party to nail down the facts in dispute before the trial begins.

In many family law cases the court implements mandatory discovery. This requires each party to provide tax returns, paystubs, account statements, credit card statements, and other financial records indicating income, debts, and your overall financial situation. Each party must execute and file an affidavit verifying his or her financial disclosures are true and accurate.

If there are no minor children involved in your divorce and you and your spouse have reached an agreement regarding the division of your property, you can file a “simplified” divorce. Both parties must satisfy certain procedural requirements and attend the final hearing, but the process is less complicated.

It is essential that you are truthful and thorough in the discovery process. Save yourself time and money by cooperating with your attorney in gathering the requested documents and answering the questions being asked. Your lawyer can assist you with providing the responses, but you must actively participate in your case and supply your lawyer with the necessary information.

If you are facing divorce or you have other family law needs, our legal team is here to help. Contact the Men’s Divorce Law Firm to schedule a consultation with a caring professional, and aggressive advocate for men’s rights in divorce, child timesharing (custody), and paternity matters.