What is discovery?

Discovery is the term used to describe how spouses obtain information about the other spouse during litigation. This information may be financial in nature, though often it can encompass information related to custody and the children. Many jurisdictions provide for what is called, “mandatory discovery” where both spouses are required early in the case to exchange financial affidavits (usually long forms) where both must provide an accurate financial picture of their knowledge of the marital estate. Supplementing the mandatory disclosures, most spouses can obtain other information with the use of a Notice to Produce Documents (which requests documents from the other side) or Interrogatories (fancy word for written out question), where their spouse must answer the questions and provide detail. Subpoenas are also available, and those will be covered in a separate blog entry (stay tuned).


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