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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. 

Contesting a Divorce, What Does It Mean? Going to Trial.

Dec 20, 2015 @ 09:20 PM — by Michael Green

Contesting a Divorce, what does it mean?   Generally, it means not settling, but, not necessarily never settling.  If parties are amicable in a divorce they may settle their case almost immediately and agree on all terms of their divorce in a property or matrimonial settlement agreement.  If, however, the parties do not settle their case, the courts generally require that the parties continue litigating their case through a number of processes.  The first is discovery, where the parties discover through discovery requests of each other in the form of a notice to produce and interrogatories, questions regarding marital assets, debts, custody, child support, and equitable distribution, what the parties have in terms of assets and property and what they want in terms of custody and parenting time.  Generally, a court orders the timing of discovery through a case management conference and case management order.