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Discovery Process In Divorce Explained

Author : Stephanie Patcher

Gathering and exchanging information plays a major role in a divorce case getting resolved. One spouse, or both, in a divorce case may not want to give information to the other side out of spite. For this reason, the discovery process was created so lawyers on both sides could get information from the other, primarily facts. For example, it can be used to acquire information about the other person's possessions. Through this process, witnesses may be brought into play if a lawyer believes that they have important information.

Get Evidence

With discovery, lawyers can gather documents and any other items from the other side that they believe is relevant. The states have their rules about what methods can be used for discovery. These regulations limit the means of extracting information, while also having penalties in place should someone lie or refuse to send the requested information. For instance, because both spouses are under oath when providing information, they could be charged with perjury if they weren't truthful..

It also provides each side with rights where they can object to certain questions if they are found to be unlawful. However, what can be requested is very broad and can even go outside the scope of the case. Because it's not always clear what can be kept confidential and what has to be released, a dispute may have to be settled in court over the matter.

Discovery doen't include prosecution, but interrogatories and admissions can be used by lawyers to acquire information from a spouse under oath. For instance, a spouse could be asked if he or she had an affair. If they admitted to the act, then further questions could be asked to gain more details about it.

Lawyers can use several methods for the discovery process. In addition to interrogatories, others include a request of documents, deposition, admissions of fact, and a request for production. A subpoena can be issued by the court to a witness that a lawyer wants to question. A subpoena duces tecum refers to a witness having to hand over documents to one of the parties involved.

For anyone who is filing for divorce, it helps to have a lawyer or expert by your side to seek advice from. This is true even if you are doing an uncontested divorce, as even that process can become overwhelming. A lawyer teach you how to deal with the discovery process should you get questioned by the other side.

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Read More: Discovery Process In Divorce, Save My Marriage Review

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Submitted : 2011-07-20    Word Count : 446    Times Viewed: 649