What is Discovery in a New York Divorce Case?

Divorce proceedings have numerous parts that require a great deal of attention. Steps of the process that are more commonly known can include the division of assets as well as determining child custody, child support, and alimony. The step that is not well known, however, is the process of discovery. When dealing with any divorce matter, it is important to have an experienced and trusted New York divorce attorney at your side for assistance. 

What is Discovery?

The process of discovery includes the attorneys of both spouses gathering as much information regarding the case as they can. This includes that of both spouses as well as any witnesses there are to the case. With the completion of this, both spouses can begin the proceedings on an even playing field. It is a key part of the divorce proceedings for several 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 is no one way that discovery can be conducted. Instead, there are different methods for the process that attorneys may use. This can include the following:

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

In order to determine which type of discovery is to be conducted, the attorneys look into different factors regarding the case. This 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 every divorce is different from one another, so is the process of discovery. It is because of this that the length of the process can vary from a few weeks to even a couple of months depending on the facts of the case. This can include how complex the case is, if both spouses can cooperate, and if any witnesses are involved. While this is true, it is important to know that the court may impose an overall deadline. If necessary, this can be extended as well. 

Contact our Firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.