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Divorce and the Discovery Process

May 17, 2016 @ 12:47 PM — by Michael Green

During a divorce, if the parties do not settle early on, they will be court ordered through a case management order to exchange discovery.  Discovery is where the parties essentially discover what they each have as to assets, debts or liabilities or as to other matters through the exchange of documents with a Notice to Produce documents and Interrogatories which are questions regarding assets, debts, liabilities, marital lifestyle, alimony, child support, child custody etc.  Formal discovery is pursuant to court rules and must be followed or either party may file a motion to compel discovery if discovery is not exchanged for if it is incomplete.  Discovery is generally as expensive and lengthy a process as the size of an estate or its complexity.  The larger and more complex, the more discovery that is required.  Discovery may also include forensic experts which render a report to the court, depositions where the parties give testimony under oath.  After completing the discovery process, the parties may wish to settle their case based on what they have discovered.  Informal discovery may also be done if the parties mutually consent to same.  If you wish to learn more about the discovery process in a divorce, call us at 732-390-0480 or 201-242-1119 for a free consultation in our Fort Lee or East Brunswick offices.  Night appointments are available.

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