Discovery
What is discovery?
Discovery refers to a group of different means you have to find out about matters that are relevant and material to your divorce case.
Example, you need to know the cash value of a whole life insurance policy your spouse bought when you first got married. The cash may be a marital asset and you need to know its value and have a way to prove in court what you learn. You can discover the amount of cash and get documents to prove the value through discovery. You can use discovery to find out information from the other party, businesses, government and others. There are exceptions, but for now it is important you get the general idea you have a right to uncover and find out about information through discovery.
A divorce begins with a requirement that you disclose basis financial information to the other party. They too must disclose the same type of information to you. The Minimum Mandatory Disclosure is satisfied by providing copies of records they have to several different categories like, checking, savings, credit card, tax returns, pay roll stubs and more. Read Rule 12.285 (c (1-4) for discovery documents required for temporary relief hearings and Rule 12.285 (d) (1-16) for discovery of documents required for all initial and supplemental petitions. THIS IS IMPORTANT: you have a duty, you are obligated to update the financial affidavit and Minimum Mandatory Disclosure whenever a party becomes aware that their financial status has changed or discover the prior disclosure was incorrect. Read Rule 12.285 (a) and 12.285 (e).
Each party is also required to file his or her financial affidavit as part of Mandatory Disclosure. Take a look at the websites discussion of Financial Affidavits for a better insight into the Financial Affidavit. Read Rule 12.285 which is on this website.
Even after all the minimum mandatory financial disclosure you can still discover information you may need for your case. The main vehicles to use for discovery are:
- Depositions; and
- Requests for Production; and
- Requests for Admissions; and
- Interrogatories.
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