What is the discovery phase of a divorce? By definition, discovery is part of the pre-trial phase of a divorce in which each side obtains evidence and information from the other side. Discovery can include interrogatories, requests for production of documents, requests for admissions, depositions and subpoenas.

What should I ask for in a divorce discovery?

Written questions called “interrogatories” or “requests for admission.” Using these discovery tools, your spouse must answer questions in writing, or admit specific statements that you believe are true. Inspection demands. You can ask to inspect property like a safe deposit box or wine collection.

How far back does discovery go in a divorce?

You can certainly make discovery requests that go further back than three years, especially if you have good cause to make such requests. There is nothing that prohibits you from making the request.

Do you have to respond to a discovery request?

The plaintiff must respond to your requests for discovery. The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline.

What is financial discovery divorce?

Financial discovery is the fact finding/document gathering part of the divorce process. A party may ask for facts about the case, for the identity of others who may know something about the case, for documents relating to the case, and for inspection of physical objects or property connected to the dispute.

How long does a discovery process take?

Once a personal injury lawsuit gets underway, the discovery process will last at least a few months and usually several months longer. In a large, complex case, it can go on for a year or more.

What happens if you hide money in a divorce?

If you or your spouse hide or devalue assets, it will be discovered – either by your lawyer or by your ex-spouse’s lawyer. Since your judge can make virtually any decision s/he wants within the boundaries of California divorce law, your dishonesty or hiding of assets will result in punitive damages.

What do you need to know about divorce discovery?

Divorce Discovery is a way to gather information during the divorce process from you and your spouse, so everyone involved can get a clear picture of all the financial aspects related to the marriage.

How does informal discovery work in a divorce?

Informal discovery involves both sides exchanging information voluntarily. An attorney will prepare a list of important documents and ask the other lawyer for them. Your spouse’s lawyer will request the same from you. The more you both cooperate during this information exchange, the more money you will save.

Do you have to be forthcoming during the discovery process?

You must be forthcoming with your attorney about any facts concerning your divorce. Everything will come out at some point in the discovery process, especially in cases where emotions run high. Hiding things during the discovery process and getting caught doing so will only work against you in court.

Do you have to do discovery in a family law case?

Discovery is the formal process by which parties exchange information. When everything goes well, you might not even have to deal with formal discovery requests in a family law case. However, if people have already decided that they need to resolve the matter by going to court, you should be prepared to deal with discovery issues.