Discovery is one of the least talked about steps in divorce, but it is often among the most important.
Discovery is the pretrial phase in a lawsuit during which each party can obtain evidence from the opposing party.
The purpose of discovery is to ensure that both you and your spouse have access to all relevant information. In this way, you can either negotiate a fair agreement or have all of the facts and documents to present to the judge at trial. The discovery process enables you and your spouse to meet on a more level playing field when it comes to settling your case or taking it to trial. You and your spouse both need the same information if you hope to reach agreement on any of the issues in your divorce. Similarly, a judge must know all of the facts to make a fair decision.
The discovery process may seem tedious at times because of the need to obtain and provide lots of detailed information. Completing it, however, can give tremendous clarity about the issues in your divorce. Trust your attorney’s advice about the importance of having the necessary evidence as you complete the discovery process in order to reach your goals in your divorce.
Types of discovery include:
•Interrogatories—written questions that must be answered under oath Divorce in New Mexico
• Requests for production of documents—requests that
certain documents be provided by you or your spouse
• Requests for admissions—requests that certain facts be
admitted or denied
• Subpoena of documents—requests that a third party,
an individual or corporation, provide certain documents
• Depositions—questions asked and answered under oath in the presence of a court reporter but outside
the presence of a judge
Discuss with your attorney the intention behind the discovery being conducted in your case to ensure it is consistent with your goals and is a meaningful investment of your legal fees
For more information our book Divorce in New Mexico is available on the home page of our website for $14.95.