Do I Need to Complete Discovery in my Divorce Case?
As you begin the process of divorce, your attorney may inform you that you will have to complete what is called discovery with the other side. Discovery is the process of exchanging documentation, typically financial records, but can include other information such as medical records or credit reports, etc. Knowing how best to approach this process can help you be prepared.
Is Discovery Necessary at All?
Discovery is very important in your divorce case, as it allows your attorney to determine what is community property and what is separate property, ultimately helping them advise you on an equitable division of property. Further, if you have children, you will need information regarding your partner’s income to create a child support worksheet and order.
Some people can become overwhelmed by the process of gathering all their financial information and want to skip discovery, relying solely on their partner’s verbal disclosure. While this can work in rare cases, your attorney will not be able to certify that what you agree to is equitable, and thus their ability to give you sound, independent legal advice is limited.
Informal Discovery
Sometimes, if you and your partner are working collaboratively, you can agree to exchange discovery informally. This typically includes a stipulation for informal discovery, listing the requested documents and the dates they are due.
The biggest pro of participating in agreed discovery is that you can significantly reduce costs. Formal discovery is much more extensive and can take up much more of your attorney’s time to prepare and reply to.
The con associated with informal discovery is that your ability to compel the other side to produce information is much more limited.
Formal Discovery
Formal Discovery can be a very effective tool when the other side is being deceptive or not willing to work with you. Their answers must be signed under penalty of perjury and can be used against them in future litigation, if necessary.
If your case is headed to trial, you will likely need to engage in formal discovery.
Further, if a person does not comply with your formal discovery requests, the law provides a straightforward path for the court to intervene and compel the other side to comply.
Every case is different and can benefit from an attorney understanding what would be most effective for you.
The Lawyers at Beresford Booth Are Worth Your Time
When choosing a lawyer, consider these factors and take the time to interview multiple candidates. Ask about their experience, fees, and approach to cases. Ask the best way to communicate with them. Trust your instincts and choose a lawyer who you feel both comfortable with and confident in.
Serving Washington Since 1946
Beresford Booth lawyers are experienced, dedicated professionals, prepared to answer your questions and guide you through the process based on your needs and goals. As a result of our experience, we provide you practical advice and set reasonable expectations for the process. Together, we develop and implement a case strategy based on your goals. Beresford Booth is a Primerus law firm. Primerus is an international society of top-rated independent law firms.
Family law disputes can be stressful and emotional. Our family law group can take some of the weight off your shoulders. To request a consultation, please contact Beresford Booth at info@beresfordlaw.comor by phone at(425) 776-4100.