One of the benefits of divorce mediation in Georgia is the lack of legal procedures and other constraints. With fewer rules and processes to consider, spouses can resolve their disputes in a more flexible, free-flowing manner. That said, some aspects of litigation are useful, with a clear example being discovery. This formal information-gathering process can help spouses gain valuable insights before divorce. Mediation offers its own form of “informal discovery,” but what exactly does this entail? This is a question you might want to ask an experienced divorce lawyer.
How Does Informal Discovery Work During Mediation?
Mediation is just one example of alternative dispute resolution, or “ADR.” All ADR is entirely voluntary, which means both spouses must agree to engage in this process. The voluntary nature of this process encourages spouses to cooperate and negotiate in good faith. Often, spouses sign agreements before these negotiations begin, promising to be honest and transparent. Because of this “honor system” approach, informal discovery might be possible.
Spouses who are approaching amicable divorces may trust each other enough to engage in informal discovery. As a result, they can request relevant documents and information from each other without resorting to court orders. If spouses lack this trust, they may feel the need to compel their exes to provide this information.
Informal Discovery Can Be Much Cheaper
Document review can be a time-consuming and costly process. Family law attorneys who engage in this process might need to bill their clients for many hours of work, and this can quickly add up. In contrast, informal discovery requires less work, since spouses simply take the information at face value without much additional investigative work.
Note that the opposing spouse is just one potential source of this information. You can also look for relevant information from third parties. These third parties may have little reason to be uncooperative, and you may be able to gather all the information you need to achieve positive outcomes during your divorce.
You can also search your own records for relevant information. For example, you might have text messages, emails, social media screenshots, and other helpful evidence. With this evidence, the uncooperative nature of your ex might be irrelevant during informal discovery.
When to Choose Formal Discovery
While informal discovery certainly has its benefits, it might not be appropriate for all spouses. If you do not trust your ex and you’re relatively certain that they are concealing assets, the only real option may be to formally compel them to share various documents.
Can a Divorce Lawyer Help With Informal Discovery?
Divorce lawyers in Georgia can offer valuable assistance for spouses navigating informal discovery. The lack of clear rules and regulations makes this assistance even more important. With the guiding hand of an experienced lawyer, you can gather the information and evidence you need as you prepare for the negotiations ahead. For further information on this subject, feel free to contact Lankford & Moore Law.
