If you are going through a divorce, you may hear terms that you don’t understand. One of the terms that is heard often is “discovery.” This article will explain the basics of discovery – what is discovery, what types of methods, and what types of information are produced– so that you can understand the procedures and terms that will be used in your divorce.
1. What is discovery?
- In legal cases, both parties need information.
- The process for obtaining this information is called “discovery.”
- One question clients often ask is whether you can hide information or lie about it or say that it’s too private to disclose?
- In general spouses are under obligation to make a full and accurate disclosure and failure to do so can result in a Motion to Compel and ultimately sanctions. However, your attorney is in the best position to assists you in properly responding in the discovery process.
2. What are the different means of discovery? Here is a sample of some of the most used methods of obtaining information in the discovery process for a divorce case:
- Depositions – interviews with parties or non-parties.
- Interrogatories – written questions to the other party.
- Requests for Admission – similar to an interrogatory because it is in writing, but with these you are not asking for information, you are asking for it to be admitted (i.e. confirmed or ratified).
- Inspection Demand – where a party wants an opportunity to review certain documents or things.
- Request for an Income and Expense Declaration. If support has been ordered (child, family or spousal support), then one party can use this to obtain production of a current income and expense declaration and income tax returns.
3. What types of information are typically discoverable in a divorce case? The range of information that can be gleaned from discovery is very large. In general, it covers any unprivileged information that is relevant to the case. In layman’s terms, it’s relevant if it could be admitted as evidence in the case or if it could lead to relevant evidence in the case. Here are a few examples of the types of information that could be requested in discovery:
- Employee payroll information – since this is important to proper division of community property and to determine child support and spousal report, this information is typically part of the discovery process.
- Business Records or tax returns — If one of the parties has a business, then the information about the value of the business and its assets will be important to determine.
- Information about where the child is – If one parent does not know the whereabouts of one or all of the children, this information can be obtained in discovery.
- Domestic violence convictions – This type of conviction impacts the safety of the child. Often one parent is aware of the history of child abuse or domestic violence of the other parent, but if not, this information could be found out through discovery.
