what can lawyer ask for in discovery divorce case

During discovery in a divorce case, your lawyer will ask you for all your important documents, such as:

• Life insurance policies
• Joint bank statements
• Joint credit card statements
• Investment portfolios
• Retirement account information

Full Answer

What can I do if my spouse serves me with Discovery?

Sep 06, 2021 · For example, you can request things such as: All written reports of each person you expect to call as an expert witness at trial. All documents of any expert witness you intend to call at trial that were relied upon to form an opinion. All …

What do lawyers ask for in discovery?

Jan 08, 2020 · Under Arizona law, opposing counsel can file a request for production of documents to get more information they believe they need. The discovery requests should usually be limited to no more than ten items, although the court may allow more with good reason, and you will likely have 40 days to file a written response if you want to contest all or some of the …

What are the different types of discovery in a divorce?

Jun 08, 2020 · Discovery is a necessary step in a dissolution of marriage proceeding because it allows both parties to understand what the facts are and what proof is available for their respective positions in a case. Discovery of the parties’ financial situation is critically important as it ultimately impacts such issues as equitable distribution, spousal support, child support and …

What is mandatory discovery in a divorce case?

Witnesses

Sometimes it’s necessary to bring in a third party to testify about your case. When witnesses can change the outcome of your case, your lawyer can subpoena them – and require that they testify in court while they’re under oath.

Taking Statements

Your lawyer can take written or oral statements from you or anyone else connected to your case during discovery. The main purpose of this phase is to gather information that will help your case in court, whether it involves finances or proving irresponsible parenting on your spouse’s part.

Written Answers to Questions

Your attorney can ask another party to submit written answers to questions pertaining to your case.

How Can You Help Your Lawyer During the Discovery Process?

Most people aren’t really aware when their attorney is conducting discovery in a divorce case, and that’s okay. However, you can help your lawyer by providing all the paperwork she needs, and by doing so in a timely manner.

Do You Need to Talk to a Lawyer About Divorce?

If you’re considering divorce, or if your spouse has already filed, we may be able to help you. Call us at (209) 546-6870 . We’ll be happy to answer your questions about child custody, child support, spousal maintenance and other divorce-related issues.

What is discovery in family law?

Discovery is the formal process by which parties exchange information. When everything goes well, you might not even have to deal with formal discovery requests in a family law case. However, if people have already decided that they need to resolve the matter by going to court, you should be prepared to deal with discovery issues.

Why is it important to have a divorce lawyer?

That is why it is so important to have your own divorce lawyer who is on your side from the beginning of the process to the end, making sure your interests are represented. You can actually lose important issues in a family law case simply by missing a deadline.

What is the first step in divorce?

The first step you will take is to gather all your financial documents, but that is just the beginning.

Can you win a case based on discovery?

That is just one of the many reasons you should have a family law attorney with experience in all the related issues, so you don’t take those kinds of chances.

Does Arizona have a family law court?

Arizona actually has a standard set of sample interrogatories that can be used in family law courts. These are basically fill-in-the-blank questions that will hopefully give a clear picture of your personal life, accompanied by documentation like financial statements and copies of policies. Here are some of the questions:

Why is divorce legal?

This is the result of states enacting “no-fault” grounds (such as irreconcilable differences, or the irreparable breakdown of the marriage). Although other aspects of the divorce may be contested, many people choose no-fault grounds to end the marriage.

What is contested divorce?

A standard issue in a contested divorce is the division of property, both real (your house and any other real estate) and personal (bank accounts, cars, furniture, and the like).

What documents are needed for a business?

Examples of other financial documents you may have to provide are: 1 investment account statements 2 pension account statements, including 401 (k)’s, IRA’s, and so on 3 personal tax returns 4 business tax returns 5 documents showing proof of your interest in any business and showing the value of the business 6 loan statements, and 7 credit card statements.

What is a request for production of documents?

A Request for Production of Documents (often referred to as a Notice to Produce) requires a spouse to provide the other spouse with certain documents for review. But it’s only one aspect of a larger legal concept known as “ divorce discovery ,” which is basically an information-gathering process. In divorce, the normal focus ...

What is written interrogatories?

written interrogatories (questions spouses must answer under oath) requests for admissions (a document that compels spouses to admit or deny certain facts, like whether they sold a particular item for a certain amount of money), and. depositions (proceedings in which a spouse testifies under oath about various aspects of the marriage, ...

Can a lawyer object to a notice to produce?

Yes. The word “request” is something of a misnomer. A Notice to Produce is really a court-sanctioned demand. That said, if a particular request is unduly burdensome, your attorney can object. For example, asking for credit card statements from the inception of your 40-year marriage is probably over the top.

What are some examples of financial documents?

Examples of other financial documents you may have to provide are: investment account statements. pension account statements, including 401 (k)’s, IRA’s, and so on. personal tax returns. business tax returns. documents showing proof of your interest in any business and showing the value of the business. loan statements, and.

What is the purpose of discovery in divorce?

Discovery is a necessary step in a dissolution of marriage proceeding because it allows both ...

What is the discovery phase in divorce?

What is ‘Discovery’ in a Divorce Case? After you have filed your case, the next step is the Discovery Phase—the process of gathering information about what you know, what your spouse knows, and what third parties may know about your case. Discovery reaches not only financial information but any information necessary to your case.

What is mandatory disclosure in Florida?

In Florida, each party is required to provide what is known as “mandatory disclosure” or disclosure of certain financial information relative to a case. This information is mandatory or automatic to help reduce costs, expedite the exchange of information and help move cases more quickly through the system. It is possible in some cases ...

The Concept of “Discovery”

What to Expect in A Request For Production of Documents

• Other than privileged information, such as correspondence between you and your attorney, divorce laws normally allow a spouse to seek a wide array of marital documentation in a Notice to Produce. This can encompass all the subjects which the divorce case addresses. The notice will advise you how long you have to produce the documents. Court rules t...

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Must You Comply with A Request For Production of Documents?

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