It is important to understand the difference between genuine discovery versus going down the rabbit hole in a divorce. There are cases when propounding discovery leads to important factual evidence. There are also countless examples of parties in Carlsbad divorce cases who spend thousands in discovery investigations and motions which don’t lead to a profitable or satisfying conclusion. How can you tell the difference?
“Discovery” is simply the legal term for the fact finding process which occurs once a divorce has been filed and before the start of any associated trial. Discovery usually consists of written questions known as “interrogatories” to seek relevant information and demands associated with document production. In some cases, discovery may include a “deposition” which the testimony of an individual under oath.
There are typical disclosures which must be completed by both parties at the outset of a divorce. These relate to a truthful, accurate and full disclosure of all debts and assets held jointly or separately by the parties. Discovery seeks to clarify questions surrounding the parties finances, business ownership and investments, parenting capacity, and all issues associated with the end of a marriage.
In California, the marriage unites the two parties into a single entity known as a “community.” Community property must be equally divided between the parties during a divorce. You may suspect your former spouse is hiding money, has hidden business interests or is being untruthful about the value of an asset or the balances in specific or unknown accounts. Discovery is a valuable legal tool. However, it can also be an expensive and fruitless process when improperly applied. It is important to understand the value of genuine discovery verses going down the rabbit hole of endless and fruitless investigation.
Discovery doesn’t mean you will always find all the answers to your questions, but it is a good start. The Certified Family Law Specialists at Burke & Domercq have decades of experience in Carlsbad family law courts. We provide sound counsel to ensure our clients have the best opportunity to know the full truth and make sound decisions during a divorce.