Discovering the facts of a divorce case is one of the most important steps in the divorce process. Without a comprehensive accounting of the facts – especially as it pertains to a couple’s finances – it is impossible to reach a truly fair and equitable divorce settlement.
Discovery involves uncovering documents, taking depositions, and gathering other information pertinent to the divorce. The discovery process is a way to level the playing field between parties in a divorce, allowing them both access to accurate information that will help them reach an informed decision on how to proceed with their case.
There are several steps involved in the discovery process:
- Document requests: Both parties must provide documents related to any assets they possess or jointly hold, such as bank statements and tax records. They must also provide documents related to any debts they have incurred or owe jointly, such as mortgages and loans. In some cases, additional documents may be requested depending on specific financial issues that need resolving during divorce proceedings.
- Interrogatories: Each party will have an opportunity to answer written questions from the other party about facts relevant to their divorce proceedings. This can include questions about income and expenses, family relationships, real estate holdings, and more.
- Depositions: When necessary, each party can be asked questions under oath by an attorney for the other side to obtain additional information about a particular legal issue or fact that needs resolution during the proceedings.
The discovery process can be time consuming and costly for both parties involved in a divorce proceeding, but – when necessary – it can help ensure that each person has access to all relevant facts needed when deciding how best to proceed with their case.
What Types of Information Can Be Uncovered during Discovery?
The most commonly requested items include financial documents such as bank statements, income tax returns, credit card statements, and loan documents. Other important documents that may come up during the discovery process include business records, real estate appraisals, marital agreements, records of family-owned businesses, and any other material concerning financial assets or liabilities.
Below are some examples of information that might be uncovered during the discovery process in a divorce:
- Financial documents
- Business records
- Marital agreements
- Lifestyle habits
How Can I Prepare for Discovery in a Divorce Case?
When preparing for discovery in a divorce case, there are several steps parties can take to ensure they are ready for the process. Being prepared will help make sure each party has access to all relevant information needed when it comes time for them to make decisions about their case.
Here are some tips on how you can prepare:
- Gather documents related to your finances including bank statements, income tax returns, credit card statements, loan documents, real estate appraisals, business records and more
- Make sure you have copies of any marital agreements such as prenuptial and postnuptial agreements
- Compile all records related to family-owned businesses and any other material concerning financial assets or liabilities
Working with an Experienced Divorce Attorney during Discovery
It’s vital that you are open and honest with your attorney about all relevant facts pertaining to your divorce case. Your attorney is there to provide legal guidance, advice, and support so it’s essential that you give your attorney the information they need to do so.
At Palmer Rodak & Associates, our experienced divorce attorneys are experienced in handling all matters related to the discovery process and can help you understand the various strategies used by attorneys during this complex process. We are committed to helping our clients reach successful outcomes in their divorce that enables them to build better futures for themselves and their families.
Contact us online or call us at (760) 573-2223 for an initial consultation and let us help you get the results you need from your divorce proceedings.