Discovery process

Guest — Wed, 30 Jan 2008 12:10:12 -0500

I am going through a divorce in New York and the discovery process is expensive. We own a small business together and the forensic accountants bill alone is over &60,000.00. Appraisals of property are equally as costly. Including the attorney fees so far, we will be lucky if anything is left for equatable distribution. all this, for what?

Discovery Procedure Impacts Settlements

Rachel Small — Tue, 29 Jan 2008 18:00:00 -0500

If you've been involved in a contentious divorce settlement case, the outcome was likely affected by the discovery rules of procedure. Because spouses tend to secrete or minimize the existence and value of marital property, it's important to undertake rigorous discovery of assets.

I've come across an article by Ed Lederman, a prominent Denver attorney, who is critical of Colorado's special divorce discovery procedures. He believes divorce discovery should be handled like any other civil case. I don't agree with the attorney's basic premise that discovery doesn't require different rules for family and divorce law. I think the mandatory discovery is a good approach. The goal, once a divorce case is filed, is for both sides to be prepared to fully disclose all documentation.

There are generally five steps in discovery:

1. Disclosure: each side lists information wanted from the opposing party.
2. Interrogatories: written questions to the other side.
3. Facts List: Facts stated for each spouse to admit or deny.
4. Document Request: Produce documentation as proof of assertions.
5. Depositions: Sworn testimony from opposing parties or witnesses.

In marital property states, divorce courts are bound to distribute marital property "equitably" — not necessarily equally. Discovery procedures become the tool to facilitate a fair settlement.

firstwivesworld - Discovery Procedure Impacts Settlements - Comments

Discovery process

Discovery Procedure Impacts Settlements