What is the discovery phase of a divorce?

What is the discovery phase of a divorce?

Discovery is a legal term referring to a fact-finding process that takes place after a divorce action has been filed and before the start of trial. Discovery requires the parties to disclose material facts and documents and allows the parties in the case to prepare for settlement or trial.

What is a discovery in family law?

Discovery is the process by which one party requests documents and information from the other party. Discovery can be formal or informal. Family law discovery can be conducted through a voluntary, informal exchange of documents and information.

What is a motion to compel production of documents?

The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.

What documents are considered discovery?

There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.

What comes after a motion to compel?

Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party’s case or being in contempt of court.

Can a lawyer sign a document production request?

Unlike Rule 33, Rule 34 (relating to requests for production of documents and electronically stored information) has no similar requirement that the party sign the responses. Thus, a lawyer may indeed sign responses to document requests.

What to do if a party fails to produce requested documents?

A meet and confer letter identifies all of the deficincies in the response, and asks that all requested documents either be produced, or at least specifically identified so that the court can order production.

When does your spouse won’t provide financial information?

If the court agrees that the financial information should be turned over, the judge will order your spouse to produce the documents within a certain time.

Can a judge force a spouse to provide financial information?

Judges who preside over divorce cases know that spouses can’t reach fair and informed divorce settlement agreements unless they have all the facts about their marital estates. Family law courts have multiple tools they can use to force spouses to turn over financial information.

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