My attorney wants to draft Discovery, what is Discovery?
Discovery is the formal process whereby the parties can obtain information, about any particular aspect of the divorce, which can be used in court. There are a variety of documents that an attorney can draft in order to acquire information to prove your case or disprove your party’s case. For example, an attorney can request that the other party disclose all witnesses they intend to call at final hearing, that the other party turn over all bank account and credit card statements for the past several years, or that the other party produce current and accurate retirement statements.
The purpose of discovery is to obtain information verifying the marital situation and the status of the marital estate, including accurate figures for debts and assets. Once discovery has been conducted and accurate information has been acquired, the parties may be in a position whereby they can reach agreements on the major issues involved in divorce including division of the marital estate and custody of the minor children.
In some cases, formal discovery may not need to be conducted, if both spouses have had equal involvement in financial matters in the marriage. In some cases, the completion of a Sworn Inventory and Appraisement is all that is needed. A Sworn Inventory and Appraisement is a document completed by each spouse, under oath, describing all debts and assets of the marriage. Whether your case requires formal or informal discovery, is a decision to be made with your attorney.
This article is intended for general information only and is not intended to constitute legal advice. The information and materials you obtain on this website are not applicable to any specific individual, situation, or set of facts. Our San Antonio divorce attorneys are prepared to assist you with your case. Please call us for a free initial consult.