How The Discovery Process Works In Divorces Under California Law

How Does The Discovery Phase Of A Divorce Work In California?

As we covered in more detail in the last section of this blog, the discovery process in divorce proceedings is essential for keeping a divorce process transparent and fair. It allows both parties to gather all necessary information to negotiate a fair settlement. In California, the discovery process works in a way which provides a clear and comprehensive understanding of both party's financial and personal circumstances, which is then used to form the basis of a fair settlement.

The Role of Discovery in Reaching a Settlement

As might be expected, a divorce can get very complicated given its entire legal function is to resolve various issues such as property division, spousal support, and child custody. Discovery is one of the earliest and most important steps in this whole process, as it allows both parties to obtain the information needed to negotiate these terms effectively.

Once you’ve entered discovery, both your and your spouse’s divorce attorneys will communicate and exchange information on your behalf, ensuring that all relevant documents and disclosures are provided. This process includes formal requests for documents, written questions (interrogatories), and other methods to obtain all of the key information that will be used to form your divorce settlement.

Ensuring Full Disclosure & Cooperation

The success of the discovery process relies heavily on the cooperation and honesty of both parties, which can be incredibly difficult in many cases. The good thing is that full disclosure is required by law, which means each party must provide complete and accurate information regarding their finances, assets, debts, income, and anything else which is deemed relevant to the divorce. And, if they don’t there can be some pretty heavy legal penalties for the party at fault.

As well as the financial information, it may be the case that in order to reach a settlement, personal information that could be relevant to the case needs to be disclosed and gathered. It could be a number of things, but most commonly is details about the parties' health or lifestyle.

Throughout the discovery process, it is absolutely crucial that you work closely with your divorce attorney and that you don’t lie to them or withhold information that could be important. They are there to help you understand what information is required, how to gather it, and how to present it effectively. So long as you work with them honestly, they will be able to keep you protected and ensure you get a fair deal in your divorce.

Different Types Of Discovery Methods In California Divorces

Because there is a lot of different information that needs to be gathered in the discovery process of a divorce, there are also several different methods which are used to gather it. Each of these types of discovery serves a specific purpose and helps make sure both parties have a full understanding of the financial and personal circumstances involved.

Interrogatories

These are basically written questions that one spouse sends to the other. These questions must be answered in writing and under oath. For example, an interrogatory question might ask about the value of certain assets or the amount of income you or your spouse are earning, as well as the details of any debts owed. This essentially helps divorce attorneys gather essential information that might not be readily available from other sources.

Document Requests

Sometimes called ‘Requests for Production’, document requests are formal requests for specific documents related to the divorce. Whilst the interrogatories rely on the honest answers of the parties involved in the divorce, documents like financial statements, tax returns, bank records and investment portfolios can serve as hard evidence for the financial status of each party. Again, there is a legal obligation on both parties to provide the requested documents within a specified timeframe.

Depositions

If you’ve ever watched law shows on TV, then you’ll probably already know a little bit about how depositions work. They are a face-to-face interview where one party is questioned by the other party's attorney under oath. The interview is recorded, and the testimony can be used in court if necessary. A divorce attorney who is questioning someone in a divorce deposition will ask detailed and probing questions, and observe the demeanor and credibility of the other party. Depositions aren’t always needed in the divorce process, but they are normally used for clarifying complex issues, obtaining admissions, and challenging the other party's statements.

Admissions of Fact

Requests for admissions ask one party to admit or deny specific statements related to the case. These statements can pertain to facts, the authenticity of documents, or other pertinent issues in the divorce. They usually help to save time in the discovery phase of a divorce by establishing certain facts as true, thereby reducing the number of issues that need to be proven at trial. For example, one party might be asked to admit the existence of a bank account or the ownership of a piece of property.

Physical & Mental Evaluations

These are a bit less common in the discovery process of a divorce, but in some cases, physical or mental evaluations may be necessary to address specific issues. Usually they are needed if there are concerns about a party's mental health or physical ability to care for any children involved. In which case, a court-ordered evaluation can provide valuable insights. If a Physical and/or Mental Evaluation is needed then it will be conducted by qualified professionals and can often have a significant impact on decisions related to child custody and spousal support.

Speak With Our Qualified, Friendly & Professional Divorce Attorneys At East County Family Law

With all of the complexities and emotional strain associated with the discovery process in a divorce in California, having experienced and compassionate legal support is so important! 

At East County Family Law, we understand the sensitive nature of family law issues and are committed to providing empathetic and expert guidance throughout your divorce proceedings. Our dedicated California-based divorce attorneys will work closely with you, and help you get through the discovery phase of your divorce. 

So, if you are facing a divorce, don't go through it alone. Reach out to us at East County Family Law for the support and expertise you need. You can contact us here, you can call us on (925) 516-4888, or you can text (925) 267-7811. With our divorce attorneys fighting your corner, you’ll be sure to get a fair settlement and protect your interests.