Thoughts on Divorce Discovery Process and Trial Preparation
Updated: Oct 17, 2022
I thought it would be helpful to go over a digest version of the process of trial preparation and discovery for divorce. An article I found gives a helpful overview of the process for those who are considering hiring an attorney. Please note this is not specific legal advice for you and your case it is simply a legal process that some attorneys may take. Always seek legal advice prior to taking any legal actions.
In a contested case, after one spouse files for divorce, the process of discovery begins. Each side sends the other lists of questions called interrogatories, which have been drafted by attorneys and must be answered under oath. Interrogatories are composed of questions about finances, assets, pensions, and similar financial issues. Through their attorneys, the spouses can also ask each other to produce documents such as bank statements, credit-card bills, receipts, tax returns, paycheck stubs, etc. The attorneys will sort through the interrogatories and documents- and then if necessary, may further question the spouses in person under oath at what is called a deposition. A deposition takes place in the presence of a court reporter, who later transcribes what was said into a typewritten booklet.
Often the attorneys may be looking for hidden assets in order to determine how much money, earning power, and other assets each spouse has so that they can be divided.
Trial preparation efforts are important because the information that comes out at a trial depends very much on how well the lawyers understand and present the facts-both favorable and unfavorable-to the judge. Even the best case can be lost if the lawyer is unprepared, careless, incompetent, or otherwise ineffectual. Moreover, the best-prepared lawyer with the best case can also lose if the other lawyer is more effective or the judge is biased. Lastly, no matter how strong you believe your case is, there is often an element of surprise. There are no guarantees when it comes to litigation. Judges often see things very unpredictably.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.