Divorce, discovery and deposition

| Feb 25, 2021 | Divorce

Unless you have been through a divorce before, the legal terms people use could confuse you. Discovery and deposition are two commonly used processes that are actually fairly straightforward to understand.

What is a discovery in divorce?

When divorcing, you will need to divide your assets. To do so, you need to understand the full range of property you and your spouse hold. Discovery is the process of working that out. Only then can you begin to see which assets you need to divide and which stay as separate property belonging to one person only. You and your spouse need to produce any relevant documents related to asset ownership. If one of you does not give them willingly, the other party can ask the court to grant them access.

What is a deposition in divorce?

A deposition is a tool that an attorney can use to aid discovery. They ask you questions while a court reporter notes down in full the answers you give. Your attorney can seek a deposition from your spouse, and their attorney can take one from you.

Depositions can help you discover all the assets as you take one under oath. So, if you think your partner is the real owner of that beachside holiday home they say belongs to their sister, your attorney can ask them. If they lie, you have a written record that they lied, which you could use against them during divorce proceedings. If they admit to owning it, it gets added to the pot of assets you may be entitled to a share of.

A thorough discovery process is an essential part of your divorce. It helps you ensure your partner is not trying to hide assets from you and make sure the property division process is fair.