Discovery Process In Divorce Explained
Gathering and exchanging information plays a major role in a divorce case getting resolved. Because one side, or both, may have animosity towards the other, information might be withheld. Therefore, the discovery process is in place so each side can legally gather relevant information about the other, mainly facts. For example, it can be used to acquire information about the other person’s possessions. Witnesses can also be involved, if a lawyer believes they have information that can be beneficial to them.
Get Evidence
The discovery process in divorce allows for parties to obtain documents and other tangible evidence that are relevant to the case. The states have their rules about what methods can be used for discovery. These regulations limit the means of extracting information, while also having penalties in place should someone lie or refuse to send the requested information. For instance, because both spouses are under oath when providing information, they could be charged with perjury if they weren’t truthful..
It also provides each side with rights where they can object to certain questions if they are found to be unlawful. However, what can be requested is very broad and can even go outside the scope of the case. Because it’s not always clear what can be kept confidential and what has to be released, a dispute may have to be settled in court over the matter.
Discovery doen’t include prosecution, but interrogatories and admissions can be used by lawyers to acquire information from a spouse under oath. For instance, a spouse could be asked if he or she had an affair. If they admitted to the act, then further questions could be asked to gain more details about it.
A number of methods can be used for discovery. Aside from interrogatories, admissions of fact, deposition, request for production, and request for documents are the most common. A subpoena can be issued by the court to a witness that a lawyer wants to question. A subpoena duces tecum refers to a witness having to hand over documents to one of the parties involved.
For anyone who is filing for divorce, it helps to have a lawyer or expert by your side to seek advice from. This is the case even if the divorce is uncontested, as doing it all on your own can be a daunting task. They will give you advice on how to handle the discovery process when the other side wants to question you.
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