When going through divorce proceedings, it is important to know that there are various steps that must be completed in order to reach the end. Commonly known steps can include settling child custody, child support, alimony, and the division of assets. However, a step that spouses are usually not aware of is the process of discovery. When dealing with matters of divorce, it is important to have an experienced New Jersey divorce attorney on your side for guidance.
What is Discovery?
Throughout the process of discovery, both of the spouses’ attorneys work to learn as much about the case as they can. This allows them to have a full understanding about both parties as well as any witnesses they have to the case. With this, the proceedings can begin with everyone on an even playing field. The discovery process is an important part of a divorce for a variety of reasons, including:
- It increases the chances that agreements are reached based on accurate information
- It proves necessary information to decide whether spouses should settle or go to trial
- It supports the preparation of defenses
- It avoids surprises in trial
What Types of Discovery Might Take Place?
It is important to be aware that there are different methods that are used to obtain the necessary information for discovery. It is because of this that there are different types of the process, including:
- Requests for production of documents
- Requests for admissions
- Subpoena of documents
The type of discovery process that an attorney chooses to conduct can vary depending on the factors of the case. This can include:
- The types of issues in dispute
- How much access both parties have to necessary information
- The level of cooperation in sharing information
- The budget available to perform discovery
- The complexity of the issues and assets in the case
How Long Does Discovery Take?
As every divorce is different from one another, the process of discovery is as well. It is because of this that the length of the process can vary, taking anywhere from a few weeks to a couple of months depending on certain variables in the case. This can include the complexity of the case, if both spouses are able to cooperate, and any witnesses involved. While this is true, it is important to know that the court can impose a deadline on the process. This can be extended in some cases if it is necessary.
Contact our Firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.