The importance of discovery in divorce

| Oct 21, 2020 | Family Law |

If your Wisconsin divorce case progresses far enough, you should be prepared for it to go through something called the discovery phase. This can be a very involved part of the case when there is plenty of information being exchanged. Here is what you should know.

The process of discovery

In discovery, both you and your ex-spouse will have the opportunity to request certain information from each other. You can make these requests in a number of different ways. You can ask for documents, and you can pose specific questions for answers. The topics can include both custody and property division issues. In addition, discovery can include depositions, where both of you may have to answer questions from one another’s attorneys in a semi-formal proceeding.

This will form the record for a trial

Discovery is a serious process. The information that each party receives can form the basis of what he or she is able to present to the judge. In turn, the judge will use the record to make his or her determination about property division. It is very important to tell the truth in discovery because there can be consequences for being caught in a lie. Ideally, the best thing is to settle your case without going too deep into the discovery process because it can be very involved and expensive. Discovery can take many months as the two parties gather what they need.

If you are in a divorce battle that has proceeded to the discovery phase, you need legal professionals on your side to help you navigate the process. It is critical to ask and answer the questions correctly. A family law attorney could help you by drafting the discovery questions to the other side and taking the depositions. A lawyer could also work towards settling the case at the same time to help you avoid going to trial.