What is discovery?

During the divorce process, there is a period known as the discovery period. The length of this period can be decided by the attorneys involved or the judge in the case depending on the circumstances. The standard discovery length is 120 days from service of the divorce complaint.

This period is a time when both sides exchange information relevant to the divorce proceedings. Discovery can be exchanged a a few different ways, such as:

• through a list of questions, called interrogatories
• notices to produce documents like financial statements, bank records, etc
• interviews under oath, called depositions
  • depositions can be very expensive so we advise individuals to speak with an attorney about the pros and cons of the process
• subpoenas to obtain certified copies of documents as needed

Is discovery necessary?

Any of these three aspects of the discovery process can be mutually waived by both sides. For example, in divorce cases where both the husband and wife are intimately familiar with the finances, there really may not be a need to get into the weeds, so to speak. This is especially true if both spouses have always had access to all bank account statements, credit card statements, and retirement information.

We determine the detail of discovery on a case-by-case basis. The discovery process depends, in large part, on the parties and their particular case. Consulting with an attorney at the Law Office of Sara McArdle and discussing the details of your situation is the best way to evaluate the thoroughness required of the discovery in your case.

We always handle each client and each case with an eye towards cost savings and cost benefit analysis. We’re not here to try to spend your money foolishly and discovery can become very expensive. If it’s necessary, we will be thorough and effective in obtaining as much discovery as possible before finalizing your divorce.

If you are wondering what the divorce discovery entails, contact the experienced attorneys at the Law Office of Sara McArdle at 973-366-5244 to schedule a consultation today!