Your question: How does discovery in divorce work?

How far back does discovery go in a divorce?

You can certainly make discovery requests that go further back than three years, especially if you have good cause to make such requests. There is nothing that prohibits you from making the request.

Is discovery normal in divorce?

Discovery is the process of gathering evidence. It can take many different forms and is a normal part of the divorce process.

How do you answer a discovery divorce question?

Tips for Responding to Marital Interrogatories, Custody Interrogatories, or Parental Allocation Interrogatories

  1. Your answers should be short and concise. …
  2. Type your responses, please do not handwrite your responses.
  3. Be truthful. …
  4. You must sign and verify that the information provided is true in the presence of a notary.

What happens during the discovery process?

During the discovery phase, both parties learn what the other knows about the evidence by asking for certain documents, asking for answers to interrogatories, and taking depositions of witnesses who are under oath.

What comes after discovery in a divorce?

If the parties complete discovery and fail to reach a settlement, then the case will enter the trial phase, where the judge makes final decisions about issues like custody, support obligations, and property division.

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Is a discovery public record?

Discovery – Records maintained by private parties are not public by nature and only need to be produced pursuant to a court order that reasonably limits the scope of the production.

Are text messages discoverable in divorce?

Any electronic messages used as evidence in a divorce court has to be authenticated. So, a person will have to prove that it was their ex-spouse who sent the messages. The easiest way to receive authentication is to have the ex-spouse admit to creating and sending the messages.

Do I have to answer discovery questions?

You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections.

Can my husband hide money during a divorce?

In a divorce, there is a legal requirement that each spouse must disclose all assets, income, and debt as part of the financial disclosure process. … Still, it’s not uncommon for a spouse to hide assets or misrepresent the values of marital property. Spouses may also understate their income or claim inflated expenses.

What happens if you dont answer discovery?

Without this “Answer” the court will enter a judgment against the person being sued. This is called a default judgment. When the court “strikes” pleadings, the Court essentially erases the “Answer” and the result is the same as being in default.

Do judges read discovery?

David Raymond Mahood. But the judge does not read discovery unless you or the opposing party bring it to the judge’s attention.

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Can discovery be shared?

Discovery can be both formal and informal. In either case, the information that is gathered during discovery is not filed with the court. It is just shared with the other side in the lawsuit.