Discovery is the process of exchanging financial data and other relevant information between divorcing spouses. A major focus of discovery is to ensure full disclosure of spouses’ assets and debts in preparation for property division negotiations or litigation. Discovery seeks to ensure that spouses, their respective divorce attorneys, and the court—are fully aware of all the details of each spouse’s financial circumstances. Information that may influence child custody and alimony decisions is also shared during the process.
LENGTH OF THE DISCOVERY PROCESS
Once the divorce complaint is served and filed, the court will assign your case a track. The track assignment is based on the complexity and factors in each case. Cases assigned to the expedited track have 90 days to complete the discovery process. Those on the standard track have 120 days. In cases assigned to the complex track and the priority track, which includes those involving custody disputes, discovery deadlines are set by the court at the first case-management conference.
The court also requires at the beginning of the divorce process that both parties fill out and file a case information statement, or CIS. Its purpose is to get an overview of the spouses’ financial situations. The CIS asks for income information, employer information, budgets for living expenses and children’s expenses, assets, and liabilities.
METHODS USED IN THE DISCOVERY PROCESS IN NEW JERSEY
N.J. Ct. R. 5:5-1 governs the discovery procedure in a New Jersey divorce. Information-gathering methods set forth in the court rule include notices to produce, interrogatories, depositions, and requests for admissions.
Notices to Produce
Notices to produce are formal requests to provide records and documentation relevant to the divorce to the opposing spouse and their attorney. Your attorney will send the notice to your spouse’s lawyer, and vice versa. Copies of bank and brokerage account statements, credit card and loan statements, property information, business records, insurance policies, and tax returns are types of documents requested in notices to produce.
Interrogatories
Interrogatories are written questions that spouses send to each other that ask about assets, properties, debts, and any other areas pertinent to your divorce. They must be answered in writing and within 60 days of receipt. You are under oath in answering interrogatories and can be in trouble with the court if your responses are incomplete or incorrect. Your divorce attorney can clear up any confusion about questions you’ve received to help ensure your answers are thorough and accurate, and will guide you in preparing questions for your spouse that get fruitful answers and comply with court rules.
Depositions
In depositions, spouses are questioned in person by the other spouse’s attorney. Your witnesses, including expert witnesses, and those of your spouse may also be deposed. Depositions are most typically used when divorces are contested or have complex financial issues, such as in high-net-worth divorce cases. Although you are under oath as you would be at trial, depositions do not take place in the courtroom. They are usually held in lawyers’ offices or conference rooms, with a stenographer preparing a transcript of the deposition. If the discovery process in your case includes being deposed, your lawyer’s knowledge will be crucial to preparing you for the proceedings.
Requests for Admissions
A request for admission is a written request from one spouse to the other spouse. It asks the opposing spouse to either admit or deny specific statements under oath. Its purpose is to reduce the issues addressed at trial by establishing areas where spouses are in agreement. So, if a spouse says that something is indeed true, than that concern will not have to be proven at trial. The request could ask whether the party agrees to certain facts stated in the request or whether they agree that a document in the request, such as a bank statement or deed to a property, is authentic, for example.
Only some of these methods or all of them may be used during the discovery process in your divorce, depending on the individual circumstances. Discovery is used to help spouses reach fair outcomes in settlement negotiations and to gather evidence in preparation for trial in contested cases. In some instances, where spouses are agreeable and communicating with each other honestly toward settlement, formal discovery methods may not be necessary.
IDENTIFYING AND COLLECTING DOCUMENTS IN PREPARATION FOR DISCOVERY
When you are preparing for the discovery process, types of documents and records to pull together include the following:
- Bank statements
- Loan and credit card statements
- Investment account documents
- Property titles and records
- Tax returns
- Business records
- Insurance policies
- IRA and pensions documents
- Social Security records.
If you have any questions at all about what documents or information to provide, turn to an experienced divorce attorney for advice. You want to be sure to comply with requests for reasonable and pertinent information. You can also dispute discovery requests if you believe the information is privileged or irrelevant to your divorce. There is a limited amount of time to object to unreasonable discovery requests, and we will discuss that with you.
CONTACT OUR EXPERIENCED NEW JERSEY DIVORCE LAWYER FOR GUIDANCE
When you are undergoing a contested divorce, are in a complex financial situation, or have reason to believe that your spouse may try to hide assets, a thorough discovery process will help you avoid unwanted surprises that could harm you financially and personally later on.
At [MFR] Men’s & Fathers’ Rights Divorce Lawyers, our attorneys are effective in representing clients in discovery and all phases of divorce. We will work diligently to make sure that your spouse comes clean with their information and that any assets or debts of which you may be unaware are discovered. We will also guide you in properly and thoroughly disclosing your own information and advocate for your interests if any disputes arise during the process.
Our lawyers at MFR have decades of combined experience helping New Jersey clients effectively navigate divorce to achieve beneficial outcomes. To learn how we can help you, call us today at (201) 880-9770 today to arrange a confidential consultation.
