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Defining Discovery

What is Discovery, and when does it occur during the divorce process?

Michele E. D’Onofrio’s Answer:

Discovery is the process by which the parties to the divorce gather relevant facts about the case. Discovery occurs after a Complaint is filed or by agreement of the parties in mediation or collaborative divorce. During the discovery period, each party will have the opportunity to propound interrogatories which are written questions seeking information about finances or custody and parenting time, to propound Notices to Produce which are requests for documents, and to take depositions of the other party or even third parties when necessary. The parties will also be required to file a Case Information Statement with the Court and the other party. Sometimes subpoenas are sent to obtain information from third parties as well. The parties have an ongoing obligation to update the exchange of information for as long as the divorce is pending.

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