In most cases, the process of dissolving a marriage involves much more than simply signing some paperwork that says both parties want to end their union. One of the most important aspects of the divorce process is known as the discovery portion of the dissolution. Divorcees should educate themselves on the discovery process so that they can ensure that they are operating within the law and their estranged spouse isn’t hiding any assets from them.
State laws dictate how the disclosure aspect of the discovery process unfolds. Each party’s lawyer will send a formal request to the other asking that both parties disclose information about all of the assets that they own in the divorce. Each person has 30 days to disclose information about all of their assets including retirement accounts, 401(k)s and more.
Admissions of fact
In most divorces, both parties have their own version of the facts that led to the dissolution of the marriage. During the admissions of fact part of the process, each person will give their lawyer a list of facts that they believe are pertinent to the case. The attorney then sends those facts to the opposing family law attorney to present them to their client, who has 30 days to either agree or disagree with every fact.
Request for production
This is a legal tool used to gain written evidence of the assets each party owns. It is not uncommon for couples to have separate bank accounts, retirement accounts and other assets. Since all of that information is vital to the final divorce decree, each person will provide evidence of what he or she already has.
Choosing an attorney to represent you in your divorce is crucial. An experienced attorney may help guide you through the discovery process and all the other steps while ensuring that you are in a position to financially prosper once your divorce is official.