The Importance of Discovery in Divorce: Get an Attorney Who Understands the Details

discovery in divorce

In any civil litigation matter, as in divorce, the discovery process can take anywhere from a short amount of time, to quite an extended amount of time, depending on the your specific situation, and what you are trying to discover.  Your attorney will determine how much additional information and documentation is needed in order to fully understand the nature, extent, and value of all assets and liabilities, as well as your spouse’s position.  Sometimes the discovery process is very formal, in which your attorney will require you to answer any interrogatories received from your spouse’s attorney, and other times it will be quite informal.  The process is often determined by the regular practice among attorneys in your specific area and the by the preference of the court.  An experienced divorce attorney will be familiar with what is preferred in your specific area.

In regards to property division, it is important to establish what is marital property, or property acquired by either party during the course of the marriage, and what is pre-marital property, or property acquired prior to the marriage, and therefore outside of the claim of the other spouse.  Your attorney will ask the other party for any documentation proving their claim, and for documentation from you disproving their claim.   It is important not only to have an attorney who knows what to look for, but an attorney who knows how to find what they are looking for.  If your spouse attempts to conceal assets, you need an attorney who will take the time to seek out those assets and establish your claim.

The most important thing to remember during the discovery process is to never attempt to conceal assets from the court.  If you are caught concealing assets from the court, and from your spouse, your actions may result in you being held in contempt of court, not to mention causing the judge to distrust you and any allegation or statement you make during the proceedings.  When dealing with the court in any legal process you should always be completely truthful.

If you have additional questions regarding the process, required pleadings, property division, child support, alimony, or parental allocation of rights and responsibilities, contact me, the Ohio Divorce Attorney, Jamie L. Anderson, for a free consultation.  Call today! (937)879-9542


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