How To Avoid Discovery In Divorce

Discovery can be a complicated and difficult part of the divorce process. Discovery refers to both spouses exchanging information and evidence as part of the divorce proceedings. This phase is used to determine a fair settlement. However, discovery can often become contentious, while driving up costs. Use these tips to avoid the discovery process.

What Is Discovery In Divorce?

Divorce discovery is an investigation into incomes, expenses, assets, and liabilities of each spouse working toward a divorce. This is a routine part of a divorce process in family law with the goal being to divide assets equitably and determine other issues like alimony and child support.

The discovery phase typically happens after you file for divorce. Either spouse can issue formal discovery requests in an effort to produce specific documents, recorded statements, submit to a deposition, or answer any written questions. These responses must be served within 30 days.

In the event your spouse does not comply with discovery requests, you will be able to file a motion to compel the court to order he or she to cooperate. However, this generally escalates the conflict. The discovery phase gives your divorce attorney leverage to negotiate for your best interests, but it can undoubtedly create conflict between spouses.

How Can You Avoid Discovery In A Divorce?

Use these tips below if you are hoping to avoid extensive discovery during your divorce process.

1. Use A Mediator

If direct negotiation is not successful, bring in a neutral third-party mediator to facilitate these difficult discussions. An experienced divorce mediator can divide property and assets fairly without going through the court system. Mediation is often much cheaper than litigation.

2. Settle Differences Amicably From The Start

Ideally, you and your spouse should attempt to settle any differences amicably when starting divorce discussions. Always be upfront about your assets, finances, and debts, if applicable. Sharing bank statements, tax returns, and other retirement accounts will go a long way in this process. You may not need formal discovery if the important topics can be agreed upon by both spouses.

3. Full Transparency

Being proactive and transparent can minimize contentiousness during this time. Give your family law attorney all necessary details regarding incomes, assets, expenses, debts, and property division plans upfront.

4. Hire A Collaborative Divorce Attorney

In a collaborative divorce, each spouse will hire an attorney. Both attorneys will commit to settling this divorce out of court. They will share information openly to create proposals that work for both spouses. The attorneys cannot go to court if a settlement is not reached.

5. Seek A Default Divorce

You may be eligible for a default divorce if you and your spouse have been separated for quite some time and kept finances separate. In order to get a default divorce, your spouse merely needs to file a response to your divorce petition declaring that they do not contest the divorce. This ultimately avoids discovery.

6. File Uncontested Divorce

You and your spouse will file a joint petition along with a separation agreement that details the division of custody, assets, and support in this specific process. The judge will then have to approve the agreement, which avoids discovery.

7. Seek Protective Orders

If your spouse’s attorney is aggressive, your attorney may ask the court to limit their discovery requests. For example, protective orders can prevent access to sensitive health records that are deemed irrelevant to the divorce.

Source: “Sneaky Divorce Tactics: How To Avoid Discovery In Divorce.” Martine Law https://xmartinelaw.com/how-to-avoid-discovery-in-divorce/