You are getting divorced, and your lawyer keeps mentioning something called “discovery.” Ah, yes, another one of those legal terms you have heard in passing but know very little about. You want to ask what it means but do not want to come across as uneducated about the legal process. Instead, you nod and hope that everything will make sense eventually.
The good news is that most divorce attorneys are great at explaining things in simple terms to their clients. As you quickly learn, discovery is one of many crucial first steps you will go through in your divorce case.
Tell Me More About Discovery
Discovery is the formal procedure where parties in a divorce case gather and exchange information they plan to present (whether the case goes to trial or not) and need access to so that they can make fair and informed decisions. Think of it as a fact-finding mission. Your attorney and the other side are focused on discovering as much as possible about the case and everyone involved to understand the facts, uncover evidence, foster transparency, and prepare for a resolution of the disputed issues in the case. The goal of discovery is to provide each party with the opportunity to have the same information so that the disputed issues can be identified.
For instance, if your spouse claims not to have a high income, the discovery process might reveal hidden accounts or unreported earnings. It could also uncover discrepancies in other areas commonly discussed in divorce cases: property valuations, spending habits, shared debt, asset division, parenting roles, etc. The transparency discovery provides is essential for reaching equitable agreements or building a strong case if the case proceeds to trial.
The discovery stage also attempts to get all the issues on the table so that they can be evaluated and your attorney can prepare a strong case to present at trial. Discovery also prevents “trial by ambush.” No one involved in the case is caught off guard by the other side’s evidence or witnesses during the trial.
During discovery, attorneys may use one or several methods to gather important information for your case.
These can include but not be limited to the following:
- Written questions all parties answer under oath to gather facts about income, assets, parenting responsibilities, etc.
- Interviews (called depositions) are held in person or by video, where all parties answer questions under oath.
- Requests for documentation like bank statements, tax returns, emails, text messages, etc.
Tips for Navigating Discovery
While you may be worried about the discovery process in your divorce case, you can do a few things to prepare for success.
- Meet with your lawyer to understand the process and your theories in your case
- Tell the truth—always
- Gather relevant documents early
- Keep your lawyer informed about potential issues
- Listen carefully to every question before you answer
- Remember that it is OK if you do not know the answer to something or how to find information
- If you do not understand something, ask for clarification
- Choose your words wisely, but do not be evasive
- Maintain your composure—do not get upset or angry
- Stay calm and focus on the bigger picture
Call Nelson Law Group Today!!
If divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of family law experience to every case.
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
