Brooklyn Divorce Discovery
A Brooklyn divorce discovery attorney may be able to help you if you believe that you will need to go through litigation for your divorce. A divorce discovery attorney in Brooklyn is the most important person to help you prepare the necessary documentation for the court.
When you are headed to court, you need to understand the rules and responsibilities associated with evidence. Discovery is one of the most important phases of the process and it is one that should only be handled by a divorce discovery lawyer in Brooklyn. A Brooklyn divorce discovery lawyer will pull together the relevant information about your assets and liabilities to be presented to the court. This is crucial because New York courts have to review this information in order to determine the equitable distribution of property. Many people get hung up on the equitable distribution of property assuming that it will be fair and straight down the middle. This is not always true as judges have discretion about what is truly equitable and may consider other factors such as an award of spousal support and child custody. Discovery is the process in which you exchange information through interrogatories and depositions.
Other individuals may be included in this process as well and it is essentially your chance to see what information the other side has that may be used in court. Likewise, you will be providing information to the other side as well. It is important that both parties comply with discovery as fairly as possible, meaning that you need to disclose all of the relevant assets that could be up for equitable distribution.
Any other documents that were prepared in advance such as a prenuptial agreement will also need to be reviewed at this time. Your attorney will help you navigate the discovery process and provide you with further information about what is involved. If you were to make a mistake in your case at this outset, such as not pursuing assets that the other spouse is trying to hide, you could lose out on the opportunity to receive a portion or all of these in the equitable distribution process. This is why it matters to hire the right attorney from the outset of your case to give you the best possible opportunity to recover everything that you need to move forward. You have enough to worry about in the wake of a divorce and your attorney should be someone who helps you with this process and does not make it that much more difficult for you to move through.
You need to turn to a lawyer who cares about the outcome for you as well as your family members and one who is thoroughly experienced in the discovery process. Discovery only becomes relevant if you cannot reach an out of court settlement through alternative dispute resolution. Many judges, and indeed your attorney, may recommend that you try options such mediation first because this can defray some of the costs and time commitment typically associated with getting a divorce. However, it does not always make sense for you to pursue this route and you may be unable to do so and may be looking at litigation. If you enter the litigation process in New York based on fault or no-fault based grounds, you will need to be prepared for the various court processes that apply. The court will review all of your concerns and the judge will be responsible for determining the outcome. This can be very nerve wracking as you are essentially giving up control to someone who does not know you and the unique dynamics of your family.
But if you are unable to come to terms of agreement with your spouse directly, this is your only opportunity to have those issues addressed. You cannot get a divorce until these critical issues like spousal support, child support, distribution of property and more have been handled effectively either by a settlement agreement between you and the former spouse or at the determination of a judge. A discovery in a divorce attorney is a crucial component of this.