Discovery and Depositions in California Divorce

by Bartholomew & Wasznicky on February 7, 2012

Perhaps the most expensive and time-consuming part of any dissolution or divorce is discovery. Discovery is the process of collecting information which one spouse may have and the other may not. This information can be about finances, work experience, commissions, bonuses, child-care abilities and sometimes even about a person’s values.  Most spouses know the other spouse’s education and work experience but the attorneys ask each spouse to document their backgrounds so there is a record for the court.

Depositions are used to interview spouses and sometimes they are used to see if a written answer is the same as an oral answer given during a deposition. This can be a way for attorneys to show a person is a liar and is not to be trusted. Discovery is necessary when two parties go to court and each party is fighting for his own position.

In the collaborative process there is no formal discovery. Parties exchange financial statements and financial or vocational experts may be used to answer questions about a person’s ability to work or about an appropriate income for a spouse based on their education and experience.  All records and information is voluntarily exchanged. The focus of the collaborative process is to come up with a solution that works for everyone so there is no need to intimidate the other side or to fish for information the spouses likely already know about each other.

Getting Legal Help

Experienced Sacramento Family Law Attorney Hal Bartholomew can help you get through your divorce with respect and compassion.  Contact Bartholomew & Wasznicky LLP today for knowledgeable and respectful representation. Call us at (916) 546-4393.

 

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