Imagine divorce court as a trial. Before the trial itself, both sides (you and your spouse) need to gather information about each other's finances, assets, and anything else relevant to the case. This information gathering phase is called discovery.
Here's a breakdown of discovery in divorce for someone who isn't a lawyer:
- Think of it as information exchange: Both you and your spouse will be required to disclose financial records, such as pay stubs, tax returns, bank statements, and retirement account statements. This helps ensure everything is on the table for a fair settlement.
- It's not a guessing game: Neither of you should have to guess about the other's finances. Discovery allows you to see each other's financial picture clearly.
- It goes beyond finances: Discovery isn't just about money. It can also involve things like property ownership, debts, and even witness information if needed.
- There are different ways to get information: There are several tools lawyers use in discovery, like:
- Interrogatories: These are written questions you ask each other that must be answered truthfully and under oath.
- Requests for Production of Documents: This is a formal request for your spouse to provide specific documents relevant to the case.
- Depositions: These are sworn statements where you or your spouse answer questions under oath, usually recorded by a court reporter.
- Subpoenas: These are court orders compelling a third party, like a bank, to provide relevant information about your finances.
- It's not a free-for-all: There are limits to what information can be requested. It must be relevant to the divorce case. A lawyer can help ensure you're not asked for irrelevant information.
- It can be stressful: Gathering and providing all this information can be overwhelming. That's why it's important to have a lawyer guide you through the process.
Here's the bottom line: Discovery helps ensure a fair and informed settlement in your divorce by making sure both sides have all the necessary information. While it can be a bit complex, having a good lawyer by your side can make the process smoother.