Exchange of Documents and Information - "Discovery"
Soon after divorcing spouses file the initial court papers to get the divorce process started (the divorce/dissolution petition and the answer to the petition), they will exchange information related to their respective economic, financial, and personal situations -- including the extent of their property ownership, debt, and income. The exchange of this information is known as the "discovery" process.
By examining the information exchanged during discovery close to the start of the divorce process, a divorcing couple, their attorneys, and the court can begin to decide how to fairly divide up property and how to deal with divorce-related issues such as child support and spousal support (alimony).
Discovery can take place through an informal exchange of information and documents by the parties and their attorneys (common in divorce cases), or the process can follow a number of more rigid procedures. Following is a discussion of the different formal devices used in discovery.
Document Production
In "document production" both spouses make available all documents that relate to the divorce, the marriage, their separate property, incomes, etc. Any party has a right to see most documents that even arguably relate to the divorce and related issues that will require resolution -- including division of property, finances, and debt; child custody and visitation; payment and receipt of child support; and payment and receipt of spousal support (alimony).
Interrogatories and Requests for Admissions
Interrogatories are questions requiring a spouse's version of the facts and support for his or her demands. These questions can be pre-printed "form" interrogatories, or specific questions asked just for your case called "special" interrogatories. Questions can range from the broad ("Describe your current relationship with your children") to the specific ("Is it your position that respondent's taxable income for 2004 was $45,000?"). If the questions asked are not fair questions or are difficult to understand, your attorney will help you decide which questions should be answered and which should be objected to.
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