Discovery
Discovery is a fact finding process for both parties of a marriage to get a true assessment of the marital assets.
Discovery
What is Discovery?
Discovery is a process allowed for both parties of a divorce proceeding to share information with each other. The goal is for all relevant evidence and facts to be gathered for a fair court proceeding, and prevent complications or unexpected information in regards to evidence during the court proceedings. When done properly, the court will have a full account of assets/debts and income/expenses each participant of the marriage holds.
Discovery can happen as an informal discovery, when both parties are amicable, or as a formal discovery, when both parties are not cooperating. Time can be saved saved when both parties willingly cooperate.
Types of Discovery
Interrogatories
Written questions, submitted or received, to be answered back in writing and signed under oath. This is limited to 25 questions.
Document Request
This can include physical or digital documents. Social media postings, SMS text messages can also possibly be sought. Mental health records or information about children, may receive extra care, but still may be requested if they are relevant to the case can be possibly obtained via court order. Even if a party does not have something like a 3 year old bank statement, they have the power request copies from their bank, so not having a copy on hand is not a way to release one of this responsibility to supply such a document.
Depositions
In-person testimony, as prompted in response to verbal questions asked by opposing lawyers, to the people seeking a divorce, or a person with relevant information to the case; this can also include other people with a personal knowledge of the marriage, such as a neighbor, co-worker, doctor, or friend. People to be deposed will be issued a subpoena prompting them when/where to appear. Answers are under oath and recorded for the court records and can be referenced later. This is limited to 6 hours per party.
Non-parties, like a bank or new girlfriend, can be compelled by subpoena to produce documents as well, to verify the party is not hiding assets.
Document sought or requested may be such as
Financial Records
- Past Tax Fillings including money earned from W-2 wages, 1099 contracting pay, and Schedule K-1 business earnings.
- Employment Pay Stubs,
- Bank Statements,
- Copies of Checks
- Credit Card Statements,
- Credit Report,
- Retirement Holdings (401k, IRA, Pensions),
- Receipts,
- Property Documents,
- Deeds to land, housing, closing statements, titles to large items, like a boat, or a motor vehicle, Mortgage Statements. This includes pre-marital property.
Insurance Information
- Health Insurance Polices,
- Property Insurance for all Insured Assets (House, Vehicle, Boat, RV, high-value paintings or jewelry),
- Life Insurance Policies.
Communications
- Letters,
- Emails,
- Photographs,
- Video,
- Audio Recordings,
- Phone Records,
- Journals,
- Social Media Postings,
- SMS Text Messages
- Instant Messages / App Messages
Contact information
- Contact information of each party seeking the divorce.
- Contact Information for people who know the couple and may have relevant information, such as family members, friends, co-workers, clients, neighbours, healthcare providers, financial advisors.
Agreement to Abate the Initial Disclosures
If you are on good terms with your spouse and you have a good grasp on all marital aspects, you can consider creating an Agreement to Abate the Initial Disclosures. This can extend the discovery process and give you time to constructively negotiate with your spouse. Many agreements like this can also benefit from a clause to revoke the agreement later at will for either party, should the need arise.