This is the fourth part in a multi-part series on the divorce process called Divorce 101.
The discovery process is almost universally agreed to be the most important step in the divorce process. Discovery is where and how you build your case and find the evidence necessary to support your theory — and often develop your theory — of the case.
What Does Discovery Mean in Divorce?
Discovery is one big step that encompasses many small steps. First, it is important to note that in Massachusetts, discovery begins the minute the complaint is served because we have something called mandatory discovery. It doesn’t matter if you are the one to serve the complaint for divorce first or if you have been served — either way the clock starts ticking on the mandatory disclosure.
Generally speaking, discovery begins in earnest after the temporary order hearing though it is possible to start making discovery requests the minute the complaint for divorce has been served. Discovery is really a series of choices for the attorney and the client. For instance, the client and attorney must decide whether interrogatories or a deposition are needed. Perhaps both might be necessary. If one or both of the parties own a small business then a business valuation must be done in order to fully understand the real value of the business. Subpoenas will likely need to be issued to obtain documents that are not mandatorily disclosed. Again, all of these are choices and small steps in the larger process of discovery.
Ultimately the point of the discovery process in divorce is to find answers and help the client and attorney determine their approach to the division of the marital estate. Discovery helps clarify such things as income of the parties, the true value of the assets of the parties, and the full scope of the liabilities. Remember, not all cases will require a significant amount of discovery. The more simple the marriage and marital estate, the less there is a need for discovery. However, if your marriage encompasses many years and a significant amount of assets, be prepared for a longer discovery phase.
Make sure to check out the parts of the series Divorce 101:
First Step: Choosing a Divorce Attorney
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