Methods of Discovery in Divorce Proceedings

Legal Adviser July 31, 2018
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Woman looking at her divorce papers

Woman looking at her divorce papersEveryone wants their divorce to be hassle-free. There are times however your spouse is up to no good and starts hiding important information which will ordinarily influence the outcome of your divorce settlement. In these cases, you can request for the information through a process known as discovery.

The discovery process is relatively simple and incredibly valuable when handled by divorce lawyers in Little Rock, AR. There are various methods of discovery in divorce designed for different circumstances. Here are the primary methods your lawyer might use.

Written Discoveries

These are due after about 30 days following their date of being served. There are different types of written discovery including requests for disclosure, admissions or production and interrogatories. Interrogatories contain 25 questions verified under oath in the presence of a notary.

Requests for production can obtain medical records and bank statements while requests for admission only require yes or no answers.

Depositions

This discovery method involves obtaining oral testimonies from witnesses and experts on various relevant facts of your divorce. It is typically used in high-conflict or complex divorce cases.

The primary objective of a deposition is to commit witnesses to their testimony and avoid unpleasant surprises which might topple your case in court.

Subpoenas

There are two categories of divorce subpoenas. The first category is a trial subpoena, and it requests witnesses to attend and bring documents relevant to your divorce hearing. The other class is for coercing the keeper of records pertinent to your case to produce them in court and verify the particulars of your case.

The above methods of discovery can break your case more so when carelessly handled. With a good divorce attorney, however, you are sure they will be appropriately handled to tip the scales in your favor. A stubborn ex and missing or hidden documents should hence not be a stumbling block in your divorce proceedings.

Category: Of Two Minds
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