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What is Discovery in a New Jersey Divorce Case?

There are many different steps to completing divorce proceedings. Many people are aware of child custody/support matters, the division of assets, and alimony. The part that most are not aware of is the discovery process. However, it is one of the most important steps in any divorce proceeding. When going through this time in your life, you should retain the services of an experienced New Jersey divorce attorney for assistance.

What is Discovery?

The process of discovery is when the attorneys of both spouses attempt to learn as much about the facts of your case as they can in order to have a thorough understanding of the situation at hand. This is done through various different methods in which the attorneys request information from you, your spouse, and any witnesses in your case. Through this, bothy ou and your spouse can begin the proceedings on more of an even playing field. While this process may seem tedious, it is important to obtain all pieces of information that may be integral to a case for a variety of reasons, including:

  • 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?

It is important to know that there are different types of discovery that might be done by yours or your spouse’s lawyer. This can include:

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

The factors that may influence which type of discovery may be conducted can include:

  • 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?

As each discovery process is different, there is no set time for how long it may last. This can include anywhere from a few weeks to a handful of months. This is dependent upon certain factors of the case such as its complexity, the cooperation of both spouses, and whether or not witnesses are involved. However, it is important to know that the court will usually schedule a deadline for answering discovery. When dealing with difficult cases, it is possible that the court will extend the time frame. 

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.