What Is “Discovery” During a Contested Divorce in Atlanta?

The word “discovery” might seem vague and unclear for spouses approaching contested divorces in Atlanta. Discovery is a legal process that occurs before a divorce trial, and it can be incredibly important. While an experienced divorce attorney can handle the discovery process on your behalf, it makes sense to become familiar with the various steps and procedures. Once you understand how discovery works, it may feel easier to approach a contested divorce with greater confidence.

Discovery Is a Fact-Finding Process

The goal of discovery is to gather as much information as possible before a divorce trial. The more information you have as you approach litigation, the more advantageous your position will be. Specific goals during discovery will depend on each divorce, and different spouses might need to gather different types of information.

During discovery, each party has the right to request relevant information from the other. If you believe that your ex has documents or information that might be relevant to your upcoming divorce, you have the right to obtain them during discovery. However, your ex also has this right, and they can ask you to provide information that might be relevant as well.

This information can take various forms. Financial documents are commonly exchanged by spouses during discovery. This might include tax returns, investment portfolio statements, credit card statements, and much more. Relevant evidence might also include text messages, emails, video footage, and other digital data. Spouses might also provide sworn statements during discovery, and these are called “depositions.”

What Do I Need to Do During the Discovery Phase?

Before discovery begins, you should consider speaking with your divorce lawyer about the specific aspects of your marriage. If you believe that your ex engaged in certain misconduct during the marriage, let your divorce attorney know. Once your lawyer becomes aware of this, they may be able to gather relevant evidence of the misconduct during discovery. Perhaps you believe that your ex is concealing assets.

Let your divorce lawyer know about these suspicions, and they might be able to collect the necessary evidence to prove asset concealment during discovery. If your ex was violent or abusive, your lawyer may also search for relevant evidence of this misconduct during discovery.

It is also important to be honest with your lawyer about damaging information that might arise during discovery. If you are aware of certain evidence or documents that could prove problematic for your divorce, it is best to communicate these concerns ahead of time.

Can a Divorce Lawyer in Atlanta Help With Discovery? 

Yes, a divorce lawyer in Atlanta can assist with the pre-trial discovery phase of a contested divorce. If you have specific concerns about this process, consider reaching out to a lawyer near you. During a consultation, you can discuss this process and the trial ahead in more detail. While various rules universally apply to the discovery phase, each divorce is slightly different. Discuss a personalized action plan with Buckhead Family Law today.

Source:

 fultonsuperiorcourtga.gov/sites/default/files/business/UNIFORM-SUPERIOR-COURT-RULES-2022_05_06.pdf