A divorce may introduce spouses to many unfamiliar new terms, and one example is “discovery.” If you have never heard of this process before, you are not alone. Fortunately, discovery is a relatively simple concept – and it can provide numerous opportunities for positive outcomes. To learn more about divorce proceedings, speak with a Georgia divorce lawyer during a consultation.
What is Discovery?
Discovery occurs during the pre-trial phase of a divorce. Before the trial begins, both spouses have a chance to gather as much information as possible. Information is critical during divorce, and the spouse who understands more about the case generally has an advantage. Because of this, there is a strong incentive to gather as much information as possible during discovery.
What Happens During Discovery?
During discovery, you can request various information from your ex. This might be documents, records, or even sworn statements. That said, you can only request information that is relevant to the divorce. So-called “fishing trips” are not allowed, and your ex can refuse to provide information that has nothing to do with your divorce/marriage.
Remember, discovery is a two-way street. Your ex also has the right to request information from you during this phase – and you may be legally required to provide it. Discovery can be challenging for this reason, especially if you are forced to hand over embarrassing or even incriminating evidence.
Do All Divorces Go Through Discovery?
You do not necessarily need to go through a trial in order to end your marriage. You might also choose less adversarial options, such as mediation or collaborative law. That said, these “alternative dispute resolution” (ADR) strategies may still involve an informal discovery process. As with a trial, effective negotiations can only occur if both parties have access to the necessary information.
On the other hand, the discovery process is more formal before a legitimate divorce trial. There are various “rules of discovery” that you may need to become aware of in Georgia. You cannot violate these rules, and spouses who fail to provide certain information could face serious consequences. The same penalties apply to spouses who intentionally destroy or “lose” important evidence.
What Kinds of Documents Do I Need to Hand Over During Discovery?
While virtually any evidence imaginable can play a role in the discovery process, most divorces focus on financial documents. These might be tax returns, income statements, real estate documents, and so on. A key priority for many spouses during discovery is to uncover potential hidden assets. This is a particularly common step among high-net-worth spouses.
Can a Divorce Lawyer in Georgia Help With Discovery?
A divorce lawyer in Georgia can assist with virtually every aspect of your divorce – including discovery. Although internet research may provide basic information, it cannot deliver targeted legal guidance in the same way as an experienced legal professional. To discuss how discovery might affect your unique divorce, book a consultation with Lankford & Moore Law today.
