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Discovery in Divorce

Discovery in Divorce

During a divorce, both spouses must be completely open and honest about the assets they own — and the value of those assets. However, trust issues are common for people going through a divorce, and some may have a hard time being certain they are truly getting a fair share of the settlement. This is one of the reasons the discovery phase of a divorce exists.

In discovery, the parties exchange information regarding all their income, debts and property ownership. It serves as the first step to ensure the assets owned by the divorcing couple are divided as fairly as possible.

In a smooth divorce case, both spouses will voluntarily disclose all the requested information and be totally truthful and forthcoming. However, if you have any reason to suspect your spouse did not fully disclose all his or her assets or income, you may need to use an interrogatory. This is a set of questions addressing specific areas of concern that your spouse must then answer under oath. Lying under oath is, of course, a federal offense.

How Expensive is Discovery?

Your family lawyer will take the lead on the discovery process, and there are some additional costs associated with it. However, depending on how much you believe your spouse to be hiding from you, it could end up costing you even more to not move ahead with additional discovery procedures, such as interrogatories or depositions. You should be prepared to do what you need to do to come out of the divorce with a fair settlement.

Divorce with an Abusive Spouse

Divorce is never an easy process. It becomes especially complicated and emotionally trying when one spouse has been physically or emotionally abusive to the other.

Before you file for divorce from an abusive spouse, it’s important
to talk to a divorce lawyer and be aware that there are court protections available to you. Especially if the abuse was recent, you should consider getting a temporary protective order or a restraining order. Doing so can accomplish – a prohibition on your spouse from coming within a certain distance of you, your home, your place of work, your school or other locations you frequent. Give you the exclusive use of your home and a vehicle during the divorce process, even if your spouse is the one responsible for paying most of the bills. Give you temporary custody of your children. Order your spouse to pay child support and alimony as the divorce proceeds. Stop your spouse from canceling insurance policies, removing your name from accounts, shutting off utilities or doing anything else that would harm you physically or financially.

Once you have your restraining order in place, you can devise a plan with your attorney regarding how you will go through the negotiation process. In general, it is a good idea to limit direct contact as much as you can. Your divorce attorney will be the one to handle contact with your spouse or his/her attorney.

Free Consultation with Divorce Lawyer in Utah

When you need divorce help, call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506