What is Discovery in a New Jersey Divorce Case?

There are many different parts of divorce proceedings in order for the process to be completed. While most people are aware of the division of assets, custody, and child/spousal support. What most people do not know is the process of discovery. This is an important step during a divorce, which is why it is crucial to retain the services of an experienced New Jersey divorce attorney to assist you during this time.

What is Discovery?

Discovery is the part of the divorce proceedings where the attorneys of both spouses work to learn as much about the case as they can. This allows them to have a comprehensive understanding of the situation. There are different methods that can be used to obtain this information from both spouses and any witnesses in the case. With this, both spouses can begin their divorce proceedings on an even playing field. This part of the case is essential for different reasons, including the following:

  • 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?

When going through a divorce, it is important to be aware that there are different types of discovery that can be conducted. This can include:

  • Interrogatories
  • Requests for production of documents
  • Requests for admissions
  • Subpoena of documents
  • Depositions

There are various factors that may influence the type of discovery that an attorney chooses to conduct. 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?

Just as every divorce case is different from one another, each discovery process is different as well. There is no designated time as to how long it will last. It can vary from a few weeks to months. The length can depend on certain variables of the case such as its complexity, the cooperation of both spouses, and any witnesses that are involved. However, the court usually tends to schedule a deadline for answering discovery. If necessary, it is possible for the court will extend the deadline. 

Contact our Firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.