Dear Cassie: What does “discovery” mean in a divorce case?
-C.P.
Dear C.P.:
“Discovery” refers to the part of the divorce process where the parties obtain the records and information they need to understand all of the facts in the case.
There are a number of different types of discovery in divorce matters. For example, “document demands” are formal requests to the opposing party for the production of records the serving party feels he or she needs to understand the issues in dispute. “Interrogatories” are written questions served to the opposing party which must be answered under oath. A “subpoena” is a formal demand to a non-party (for example, a banking institution) for the production by that non-party of records or information. A “deposition” is the live taking of testimony under oath of a party or non-party before a court reporter. In addition, sometimes, expert reports are necessary–for example, if a business value is needed, or if a tracing of assets needs to occur.
Depending on the scope or complexity of the discovery needed in your case, the discovery process can range from a couple of months in duration, to a period in excess of a year or more. The court will attempt to manage the discovery process and the deadlines thereto through case management conferences with counsel.
If you need assistance with discovery, you should seek the advice of matrimonial counsel.
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Cassie Murphy is a divorce and family law Partner with the Law Offices of Paone, Zaleski & Murphy, with offices in Red Bank and Woodbridge.
