We’ve all seen it in legal dramas. The actors throw around the word “discovery” to scare opposing counsel like it’s a terrifying process. While dealing with discovery is time consuming and can involve a lot of work, it becomes significantly less intimidating with some understanding of the discovery process. It is also very common in family law disputes, even cases not destined for Court.

In any litigation, including a divorce or custody dispute, both parties have the right to serve and conduct discovery on the other party. “Discovery” is an umbrella term and can be understood as the process of obtaining fact and evidence. Discovery is most useful in cases where one party does not have access to a lot of the financial assets or in high conflict cases regarding possession and conservatorship of the children. There are different kinds of discovery, including the following:

• Requests for Production
• Written Interrogatories
• Requests for Admission
• Request for Disclosure
• Depositions

Different kinds of discovery achieve different results with regard to fact finding. Want to know how much money your ex makes so you can calculate child support? Serve them with a Request for Production asking them for documents related to their income. Want to know if your spouse has had an affair or even multiple affairs? Serve them with a Written Interrogatory asking them. Want your spouse to admit that they have a drug habit? Serve them with Requests for Admission asking them to admit to drug use.

In most instances, once a discovery request is formally served on a party, that party must respond in thirty (30) days. If they fail to respond or their response is deficient, you can request the Court to issue a court order requiring a complete response and may be able to pursue a request for attorney’s fees.

As mentioned, serving and responding to discovery is time and labor intensive, meaning it will make your case more costly. However, it is often necessary if the other party is unwilling to provide documents or information necessary for your case. If you’re considering pursuing a divorce or custody arrangement but feel as though you don’t have all the information about your spouse or co-parent, schedule a consultation with an attorney at Maples | Jones, PLLC to discuss your options so you can make informed decisions.

Written By: Molly Portwood-Kerrigan