One of the most important components of your divorce strategy has to do with the information that is gleaned from discovery. A discovery divorce attorney in New York will use the information presented by the other side and which he or she has gathered to establish a strategy. A discovery divorce lawyer in New York will assist you with all aspects of your claim, evaluating your financial, economic and personal situations. Shortly after the initial court papers are filed to initiate the divorce process, both parties have to exchange information related to their situations.
Discovery is also your chance to see if your spouse intends to try and hide assets. This is very common for a spouse who is concerned about alimony being awarded or losing access to critical assets because of the distribution of property. Regardless, you have a right to know what information is being included for the courts so that you can fight back.
This will assist with the distribution of debt, income and property ownership. This is referred to as the discovery process and a divorce discovery lawyer in New York will help you figure out what information has been collected and presented by the other side, as well as how your case may change as a result of your details. Looking at the information during the discovery process close to the beginning of the divorce enables the court, the couple's attorneys and the divorcing couple to figure out how to deal with divorce related issues like spousal support and child support.
Discovery can be formal or informal. The informal process involves the exchange of documents and information by the attorneys and the parties themselves. However, more rigid procedures may apply. In document production, both spouses will make available any documents associated with the marriage, the divorce, separate property incomes and the like. Every party has the right to see most documents that could relate to the divorce, and any related issues that may require ultimate resolutions such as finances, debt, child custody, payment, receipt of child support, division of property, and receipt in payment of spousal support. At this stage, interrogatories and request for admissions may also occur.
Interrogatories are those questions that require a spouse's version of the facts and the support for his or her associated demands. These may be pre-printed interrogatories or specific questions that are drafted directly by your divorce attorney. Request for admission are infrequently used in divorce cases. However, they can be very powerful in presenting information. Request for admission ask a party to deny or admit certain facts related to the divorce, and penalties may be assigned for not answering, answering late or answering falsely. After this process, depositions may be scheduled. This means that a person is responsible for answering questions from an attorney as well as a court reporter who will put together a transcript of everything that is said.
As you approach the discovery process, remember that it is likely that anything and everything may be named in the discovery process. This is particularly true if the divorce is very contentious. It is essential that you be honest with your divorce lawyer about all of the facts and information that you have gathered related to the divorce. This will help you prepare a compelling case and understand the potential obstacles and pitfalls you may face down the road. Scheduling a consultation with an experienced divorce lawyer in New York is important.
You may even need a lawyer after the divorce hearings are over and once you have a decree if the other spouse is non-compliant with existing orders.