In any divorce case, one of the main components of the process is discovery. Discovery refers to the legal process where both parties involved in a divorce case gather evidence and information from each other to prepare their respective cases.

The Purpose of Discovery

The main purpose of discovery is to ensure a fair and equitable outcome for both parties in a divorce case. With proper discovery, both parties can present a complete and thorough case before the court, which can then make an informed decision.

Types of Discovery

There are several types of discovery, including:

Interrogatories

These are written questions that one party sends to the other, which must be answered under oath. Interrogatories are typically used to request information about income, assets, and debts.

Request for production of documents

This type of discovery involves requesting specific documents from the other party, including bank statements, tax returns, and employment records.

Depositions

Depositions involve one party questioning the other party or a witness under oath. The testimony is recorded and can be used as evidence in court.

Request for admissions

This type of discovery involves asking the other party to admit or deny certain facts in the case. If the other party admits to certain facts, then the case can proceed more quickly.

Discovery Process in New York

In New York, the discovery process is governed by the Civil Practice Law and Rules (CPLR). The CPLR lays out the rules and procedures for discovery in New York courts.

Preliminary Conference

The first step in the discovery process is the preliminary conference. This is a meeting between the parties and the judge assigned to the case. The judge will set a schedule for the discovery process and may issue orders for disclosure of certain information.

Exchange of initial disclosures

After the preliminary conference, each party must provide the other with a list of all documents and information that they plan to use in their case. This includes documents related to income, assets, and debts.

Depositions

Depositions are usually conducted after the exchange of initial disclosures. Each party can request to depose the other party and any witnesses. Depositions are typically conducted in an attorney’s office and are recorded by a court reporter.

Written discovery

After initial disclosures and depositions, the parties may continue the discovery process by exchanging written questions (interrogatories) and requests for production of documents.

Limitations on Discovery

While discovery is an important part of any divorce case, there are limitations on the types of information that can be obtained.

Privileges

Certain types of information are privileged and cannot be obtained through discovery. For example, communications between a client and their attorney are protected by attorney-client privilege.

Financial Disclosure

In New York, there is a mandatory financial disclosure requirement for all parties involved in a divorce case. Each party must provide a statement of net worth, which includes information about income, expenses, assets, and debts.

Conclusion

Discovery is a crucial part of any divorce case. It allows both parties to gather the information they need to present their case effectively before the court. With the help of experienced and knowledgeable attorneys, divorce cases can proceed more efficiently and result in a fair and equitable outcome for both parties.