How To Avoid Discovery In Divorce - Canterbury Law Group

Discovery can be one of the toughest parts of a divorce process for all parties involved. Discovery refers to both spouses exchanging evidence and information in a phase used to determine a fair settlement. However, this part of the process can become contentious and expensive. Use these tips below to avoid discovery in a divorce.

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What Is Discovery In Divorce?

Financial investigation is the next step. This portion of the case involves determination of the value of the marital estate or “discovery,” which includes depositions, subpoenas, interrogatories and review of financial documents by accounting experts. If the assets and debts are agreeable by both parties, they may choose to waive formal discovery.

However, if either party disagrees with their spouse’s estimate of value or the amount of debt distributed to each party, formal discovery will be necessary. Rigorous asset searches are often performed to find any hidden assets in non-disclosed accounts, safety deposit boxes, or overseas accounts.

How To Avoid Discovery In A Divorce

If you and your soon-to-be-ex spouse are hoping to avoid discovery, follow these steps.

1. Use An Experienced Mediator

If direct negotiation ends up being unsuccessful, try bringing in a neutral third-party mediator to facilitate conversations. Experienced divorce mediators can divide property and assets in a fair manner without going through the court system. Oftentimes, mediation will be much cheaper than litigation.

2. Full Transparency

Being completely transparent throughout the process will be very helpful in the end. Provide your attorney with all the necessary details about assets, incomes, expenses, debts, and property division.

3. Settle All Differences Amicably

In an ideal scenario, you and your spouse have attempted to settle any differences before the divorce process gets underway. Sharing tax returns, bank accounts, and other retirement accounts will go a long way. If the important topics can be agreed upon, you may not need to utilize discovery.

4. Hire An Experienced Collaborative Divorce Attorney

Each spouse will hire an attorney in a collaborative divorce setting. Both attorneys will then agree to settling the divorce out of court. They will openly share information in order to create proposals that work for both spouses. These attorneys cannot go to court if a settlement is not ultimately reached.

5. Seek A Default Divorce

If you and your spouse have been separated for a decent amount of time and kept finances separate, you may be eligible for a default divorce. To get a default divorce, your spouse merely needs to file a response to your divorce petition, which declares that they do not contest the divorce.

6. File For Uncontested Divorce

Both spouses will file a joint petition along with a separation agreement that details the division of assets, custody, and support. Once the judge approves the agreement, discovery will be avoided.

7. Ask For Protective Orders

If your spouse’s attorney is making the process difficult, your attorney can ask the court to limit their discovery requests. For instance, protective orders can prevent access to sensitive health records, which are deemed irrelevant to the divorce.

Source: “Sneaky Divorce Tactics: How To Avoid Discovery In Divorce.” Martine Law https://xmartinelaw.com/how-to-avoid-discovery-in-divorce/

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