What is discovery in a San Diego divorce? Discovery is a legal term of art which simply refers to the sharing of information between the two parties in a San Diego divorce. California family law requires full, accurate and transparent disclosures between the parties. The former spouses owe each other a fiduciary duty to continue to act in the other’s best interests until the divorce is finalized.
Our Family Court takes this duty quite seriously. The failure to fully, accurately and transparently disclose information can result in severe consequences to any party which provides information which is less than accurate throughout the divorce process.
Discovery in a San Diego divorce is intended to ensure all available facts are accurately available to both parties and the Family Court. These facts guide all aspects of the process including but not limited to:
- The division of assets and liabilities
- Child custody, parenting time and child support issues
- Spousal support
- Valuation and division of a business interest or ownership in a company or professional practice
Most of the discovery process focuses upon assets and debts of the couple, as well as the income of each former spouse. Each attorney may present “interrogatories” or written questions which are designed to clarify an issue or seek a focused response from the other party.
Discovery in a San Diego divorce may also include “depositions.” Depositions are taken in a much more formal process which includes sworn testimony captured by a court reporter. A deposition occurs under oath and answers which are less than truthful or complete can result in serious sanctions.
There are many ways for the attorneys at Burke & Domercq to investigate the information provided by opposing parties to verify it’s accuracy and thoroughness. Forensic accounting experts are often a valuable tool when a party is less than forthright about a business or financial disclosure or answer. Investigators can help get to the truth and bring it to the light of day in Court.
This is why it is so important to work with the Certified Family Law Specialists at Burke & Domercq. Our skilled trial attorneys have decades of experience. This helps us to identify additional avenues for inquiry, clarification and when necessary investigation.