How the Discovery Phase Works in a Divorce
During a divorce, both spouses must be completely open and honest about the assets they own — and the value of those assets. However, trust issues are common for people going through a divorce, and some may have a hard time being certain they are truly getting a fair share of the settlement.
This is one of the reasons the discovery phase of a divorce exists. In discovery, the parties exchange information regarding all their income, debts and property ownership. It serves as the first step to ensure the assets owned by the divorcing couple are divided as fairly as possible.
In a smooth divorce case, both spouses will voluntarily disclose all the requested information and be totally truthful and forthcoming. However, if you have any reason to suspect your spouse did not fully disclose all his or her assets or income, you may need to use an interrogatory. This is a set of questions addressing specific areas of concern that your spouse must then answer under oath. Lying under oath is, of course, a federal offense.
Is discovery expensive?
Your attorney will take the lead on the discovery process, and there are some additional costs associated with it. However, depending on how much you believe your spouse to be hiding from you, it could end up costing you even more to not move ahead with additional discovery procedures, such as interrogatories or depositions. You should be prepared to do what you need to do to come out of the divorce with a fair settlement.
To learn more about the divorce process, including the discovery phase, meet with a trusted Long Island divorce lawyer at Bryan L. Salamone & Associates.