What is Discovery? Why is Discovery Important?

Discovery involves the disclosure of information and documentation as it relates to a party’s assets and debts. There are various forms of discovery which a party may conduct to obtain said information, such as serving the opposing party with:

1. Interrogatories: These are a set of questions that a party is required to answer under oath as it pertains to his/her assets, debts, and personal affairs.

1. Demand for Production of Documents: This is a request for production of financial and/or personal documentation.

1. Request for Admission: These are a set of questions that a party is required to answer, either admitting or denying under oath as it pertains to his/her assets, debts, and personal affairs.

1. Subpoena: This is a request sent to a third party or organization requesting the production of financial and/or personal documentation.

1. Deposition: This is where a party is deposed under oath and asked to respond to various financial and personal related inquiries.

Discovery is vital and essential to settlement as there may be assets or debts for which you were previously unaware. By engaging in discovery, you are effectively put on notice of your spouse’s assets and debts so that you can reach a global settlement of all issues to be incorporated into your final piece of documentation known as your Judgment of Divorce.