If you have been using our weekly divorce tips to initiate your divorce, dissolution or legal separation, you should now be in the discovery phase. Discovery is the legal process of gathering all relevant information about your assets, income, debts and expenses so you can determine how your estate will be divided or what you will need to prove at trial. A wealth of information can be obtained during discovery and there are five discovery tools that are commonly used by lawyers and pro se litigants alike to gather records and testimony. These tools include Releases, Subpoenas, Requests, Interrogatories and Depositions.

Releases are legal documents that authorize third persons or organizations to release or produce documents and records to you, your husband, your lawyers or anyone other designated recipient.

Subpoenas are legal documents that order a witness to appear or a custodian of records to produce information on a particular date and time. Subpoenas are usually served by a sheriff or process server well in advance of the deadline for the witnesses’ appearance or production of documents.

Requests are usually standardized formal written requests made by one spouse to the other for the production of relevant documents. Requests can be very lengthy and may require the production of documents dated before, during, and after the official end of marriage.

Interrogatories are standardized formal written requests made by one spouse to the other for the production of truthful answers to the spouse’s relevant questions. Like Requests, Interrogatories can be very lengthy and may include questions that cover events and issues arising before, during, and after the official end of marriage.

Depositions are sworn testimony taken under oath in the presence of a court reporter who records every question, answer and comment made by the deposition participants including but not limited to, a spouse, lawyer or expert.

The types of discovery you use in your case depend upon your husband’s truthfulness and/or the extent of your knowledge of your finances. To learn more about each of the discovery tools described above and to view sample interrogatory and deposition questions, read our latest article Discovery Tools for Divorce, Dissolution and Separation Cases.

This is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: weekly divorce tip discovery depositions interrogatorries interrogatory subpoena release request for documents divorce divorced divorcing divorced legal women woman