Franklin County Divorce Attorneys Discuss the Discovery Process
If you are contemplating a divorce or planning to meet with a divorce attorney, you need to be familiar with the “discovery” process. In this blog post, our Franklin County divorce attorneys review this exchange of information between the parties. Whether spouses are engaged in a dissolution or divorce in Columbus or the surrounding areas of Ohio, this process of sharing financial and personal information is critical to resolving issues like the distribution of property, spousal support, child custody, and parenting plans.
In most divorces and dissolutions, the parties engage in an informal discovery process. This type of discovery occurs when spouses voluntarily exchange documents. This process involves an attorney sending a list of requested documents to the other lawyer. The opposing party’s attorney also will submit a list of documents to facilitate settlement discussions. An efficient and effective voluntary discovery process with significant cooperation can keep the cost of a divorce down. If the parties exchange documents regarding financial matters, property ownership, insurance policies, bank account information, credit card receipts, tax returns, pay stubs, and other financial documents, this also can reduce the expense associated with the divorce process.
There also will be a formal discovery process which can vary somewhat between states. Discovery tools that we might use on behalf of our clients include:
Document Requests: This discovery tool is used to obtain specific documents that impact custody, spousal support, property division, child custody, and child support. Your attorney will probably provide you with a list of documents which you should gather and provide to your attorney promptly. Our attorneys closely review those documents so that we can make appropriate objections. Because deadlines apply for compliance with discovery requests, you can facilitate compliance with mandatory timing requirements by delivering the requested documents to your attorney promptly. The attorney for your spouse might request documents that are in possession of your spouse, so you should let your attorney know if this is true. Prompt gathering of requested documents also is important because you might have to submit written requests for certain documents like those related to IRA or bank accounts.
Subpoena: A subpoena is a document that requests an individual like a forensic accountant or other individual (other than your spouse) to appear to testify at a deposition or divorce trial and/or present documents plavix cost.
Interrogatories: This discovery term refers to a list of questions that you ask your spouse. The questions typically involve the other side’s version of events and evidence supporting his or her position on financial issues, property division, child custody, parenting plans, and other issues. At our law firm, we have our clients provide the answers to the questions then review those answers with our clients before sending the response to the other side.
Admissions: Requests for admissions constitute another form of discovery that can be used to narrow the issues in your divorce and save money. There are certain facts or issues about which there might not be any dispute. This form of discovery asks the other party to affirm or deny such facts, which might mitigate the need to litigate such issues.
Depositions: While depositions can be taken during a divorce, this process for taking the testimony of a witness, including your spouse, might not be taken because this process is more costly than other discovery tools. Depositions typically occur in one of the attorneys’ offices where the party being deposed answers questions under oath in the presence of a court reporter. The information that is provided during a deposition generally can be used in court.
The discovery process is important both to the outcome of your divorce and to containing the cost. Our Columbus divorce lawyers at Dawes Legal, LLC understand that you might have specific questions about your situation, so we invite you to contact us to learn about your legal options. We invite you to call us today 614-733-9999 or email us.