What is the Process of Discovery in a New Jersey Divorce?

There are many different steps to divorce proceedings. There are some that are more common, such as child custody, child support, alimony, and the division of assets. However, there is another step that many people do not know of. This is the process of discovery. When going through divorce proceedings, it is crucial to have an experienced New Jersey divorce attorney at your side for assistance. 

What is Discovery?

The process of discovery exists in order to allow the attorneys of both spouses to learn as much about the case as they possibly can. This provides them with a full understanding of both parties as well as any witnesses that may be a part of the case. Once discovery is completed, the proceedings can start with both parties on an even playing field. This is important 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 conducting discovery, it is important to know that there are different methods that can be used by the attorneys in order to obtain this information. This can include:

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

Similar to other steps of divorce, the type of discovery methods that an attorney chooses to conduct can vary depending on the different factors that are present in the case. This can include the following:

  • 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?

Every divorce is different from one another, as the circumstances of the case can change from couple to couple. It is because of this that the process of discovery can change as well. This means that there is not one set length. It can last anywhere from a few weeks to a couple of months depending on the case. This can include its complexity, the cooperation of both spouses, and any witnesses that are involved. However, 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 needed.

Contact our Firm

If you require strong legal representation for matters of divorce and family law in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.