What is discovery in a Carlsbad divorce and why is it so important to work with a proven, legally skilled and experienced divorce and family law attorney? In essence, discovery is the process of obtaining relevant documents, information, testimony and evidence from an opposing party in your divorce. Discovery itself is an art and it is a critical portion of many divorces. This is especially true for those with substantial assets and/or when a business or professional practice are part of the divorce.
The discovery process in a Carlsbad divorce is usually more substantive at the outset of the divorce as your Burke & Domercq divorce attorney works with you to organize important information. However the process of discovery will continue throughout your divorce.
Either party is able to send written interrogatories (questions in writing) to the other party and their counsel. The purpose of discovery is to place clarifying evidence before the parties and Court in order to ensure a fair, accurate and complete process. The responding party has a specific amount of time to respond to written interrogatories.
The process of discovery in a Carlsbad divorce may also include a request (demand) to inspect (review) specific documents and to make or request copies.
If the answers provided in the written interrogatories or document requests are incomplete, vague, inaccurate or evasive it is often necessary to depose the other party. Deposition is an important tool in the process of discovery. Written answers to interrogatories may be coached and/or completely drafted by the other party’s counsel. In a deposition, your former spouse’s attorney cannot answer for them. The art of conducting an effective deposition requires experience and legal skill.
This is why it is important to work with the Certified Family Law Specialists at Burke & Domercq. The experience and legal skill of our attorneys can and will make a substantial difference in a Carlsbad divorce.
These skills help to guide the discovery process to organize the information necessary to help our clients to accomplish their own goals and objectives. When an issue cannot be resolved between the parties or in mediation the matter will be placed before the Judge. The art and skill associated with the process of discovery in a Carlsbad divorce helps to ensure you are in the strongest position possible at every step of your divorce.