The goal of the discovery process is to identify and define income, assets and liabilities of the parties, as well as any information that may be relevant to determining allocation of parenting time and decision-making. In other words, it is an exchange of information designed to identify income, assets, debts, and information regarding the children.
Discovery can be done formally or informally, depending on the level of contentiousness between the parties or the tone of the divorce process. In informal discovery processes, a simple email request may be followed with handing over relevant information. In more complex or heated situations, however, the formal process may be wise and/or necessary. These may include any one or all of the following:
Document Production – Requesting all necessary and relevant documentation from the opposing party, supporting a position on the divorce, financial or economic status, and more.
Interrogatories – Sending written questions to the opposing party with a deadline to respond (usually 28 days.)
Depositions – Delivering statements under oath in real-time question-and-answer environments, recorded in detail by a court reporter and attended by all divorce attorneys.
Subpoenas – Directing document requests to outside institutions with relevant knowledge or information, such as a bank for account records.
E-discovery – Gaining information on the parties’ digital life, including computer information, social media information, cellphone information, and possibly more.