When divorcing spouses cannot agree on the terms of their divorce, they have no choice but to go through a contested divorce. Because they are battling to settle disputes in court, they must gather information to use as evidence to help their case. In New Jersey, it is vital to thoroughly investigate all matters to achieve a fair and equitable settlement. The process of obtaining evidence and information from the other party in a divorce is the discovery process.
Depositions
These are the sworn oral testimonies of the divorcing spouses but can also include oral testimonies from witnesses and experts. A court reporter will create a written transcript of the testimonies, which either party can use in the trial. You cannot use a deposition to prove fault in a divorce.
Interrogatories
When you interrogate someone, you ask them questions. Interrogatories are exactly how they sound. They are a set of written questions one spouse imposes on the other, who then answers the questions under oath.
Notice To Produce
A spouse and their attorney can request the other party to produce documents such as bank statements, tax returns, business records, insurance policies and other documents. A “notice to produce” can come in handy when you suspect your spouse of hiding assets.
Request For Admissions
A spouse and their attorney can request for admissions by using written questions or specific statements to admit or deny facts relevant to the divorce.
Failing to comply with the discovery requests has consequences that may result in the suppression or dismissal of a pleading. In any divorce settlement, you must address issues like child custody, alimony, child support and property division. You would need to obtain pertinent information from your spouse to sway the court’s decision on these incidental matters in your favor.
