Discovery
The formal legal process of exchanging information and documents between parties in a divorce. It includes interrogatories, requests for production, depositions, and subpoenas.
Understanding Discovery
Discovery ensures that both sides have access to all relevant financial and factual information needed for a fair settlement or trial. Common discovery tools include interrogatories (written questions), requests for production of documents (tax returns, bank statements, business records), requests for admissions, depositions, and subpoenas to third parties. Most states also require mandatory initial disclosures of assets, debts, income, and expenses. Hiding information during discovery can result in severe sanctions, including adverse inferences, attorney fee awards, and contempt of court.
Real-World Examples
During discovery, the wife's attorney requests three years of tax returns, all bank statements, and business financial records from the husband.
Related Terms
A formal out-of-court testimony given under oath and recorded by a court reporter. Depositions are a key part of discovery in contested divorces.
AffidavitA written statement of facts made under oath and signed before a notary or authorized officer. Affidavits are used extensively in divorce proceedings as evidence.
Contested DivorceA divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.