What is the Process of Discovery in New York Divorce Proceedings?

What is the Process of Discovery in New York Divorce Proceedings?

When a couple decides to divorce, they must first go through several steps before it is official. Some are more commonly known, such as child custody, child support, alimony, and the division of assets. However, one step that many people are not aware of is the process of discovery. When going through divorce proceedings, it is important to have an experienced New York divorce attorney at your side for guidance. 

What is Discovery?

During a divorce, it is important that both parties begin the proceedings on an even playing field. It is because of this that the process of discovery exists. This is when both attorneys work to gather information regarding both spouses and any witnesses in the case in order to understand as much as they can about the case before moving forward. This is important for a variety of 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?

There are different methods of discovery that an attorney may use in order to obtain the information they need. This can include:

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

When choosing which type of discovery methods to conduct, the attorney will consider several different factors regarding 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?

Just as all divorce proceedings are different from one another, so is the process of discovery. This is dependent on a number of factors including the complexity of the case, the cooperation of both spouses, and if there are any witnesses present in the case. It is because of this that there is not one predetermined length to the process. Instead, it can last anywhere from a few weeks to months. However, it is important to know that the court can place a deadline or extend it in some cases if it is necessary.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.