To ensure both parties in a divorce provide all the necessary information needed for a judge to make the proper decisions, discovery is an essential step. If your divorce is going through the litigation process, discovery will allow you to prepare for your trial and exchange crucial documents. More importantly, if you believe your spouse may be hiding assets or is not being entirely honest regarding your marital assets and property, the discovery process can help uncover the truth.
Understanding the Discovery Process
There are several forms of discovery under the Nevada Rule of Civil Procedure 16.2.
Here are the forms of discovery available:
- Disclosure: You and your spouse will be required to provide the court with financial disclosures that include income, debt, insurance, property, retirement, and tax returns. Both parties will also be expected to produce a list of expert and non-expert witnesses that may testify during your trial.
- Admissions: Both parties will be required to deny or admit to a list of statements each spouse provides. Admissions are designed to narrow down the facts before trial and, if you refuse to respond, the statements you did not answer will be treated as if you admitted to.
- Interrogatories: You and your spouse will send a list of written questions to one another, which you will be required to answer.
- Depositions: Your respective attorneys may also ask both spouses and other witnesses questions under oath. Anything said during a deposition will be recorded by a court reporter and admissible during trial.
- Request for records: In addition to financial disclosures you and your spouse must provide, both parties can also ask for any other documents or records that may be essential for addressing any issues that may arise during your trial.
If you are going through the discovery process, you must provide the answers and information requested of you in a timely manner. Otherwise, you may face some negative repercussions.
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If you are divorcing your spouse, the family law team at Ford & Friedman can provide the skilled representation and knowledgeable advice you need to navigate each step. Our dedicated team will provide the personalized attention and tailored solutions you need to overcome any obstacles you may face.
Reach out to our law firm today at (702) 904-9898 to request a consultation with one of our skilled divorce attorneys to get started on your divorce case.