A Big Cost in a Divorce

Discovery is the formal way of spouses headed for divorce warfare – sometimes a divorce trial – gathers information in preparation for battle.

Discovery, which is done pursuant to the rules of the court, greatly adds to the cost of a divorce, so it usually happens in contested actions.

Usually, during discovery one party subpoenas the other for documents and records. All manner of documents and records can legitimately be requested, and the opposing party who fails to respond can be found in contempt of court.

These documents include interrogatories, which are written questions answered under oath; documents of all sorts; oral depositions, which are statements to questions asked under oath by the opposing counsel; subpoena Duces Tecum, which demands the production of documents by their legal custodian; subpoena Ad Testifiicandum, which demands that the custodian testify about the document; request for admissions, which are answers to question that therefore become facts in the record; notice in lieu of subpoena, which compels a person to appear in court; notices to enter land and inspect property.

Often one side asks more information than can possibly be used in the action, and what are termed “fishing expeditions,” such as inquiries into confidential relationships, are generally not permitted.

Comments are closed.