Discovery Process In Divorce Case
Once your divorce is underway, you can learn of the information you and your spouse have related to your divorce. The discovery process is vital in any divorce case as it allows you to assess the strengths and weaknesses that may be in your case.
If you want a divorce in Ontario, it’s an excellent decision to have a family lawyer walk with you as you begin your divorce discovery process.
Understanding Discovery Process In Divorce
For a successful divorce, both parties need to give complete and accurate information. That way, you will have the chance to assess whether you may qualify for things like alimony, child custody, among other vital decisions made during a divorce. The process can reveal:
· Hidden property.
· Identify other people who may have a clue on matters related to your divorce.
· Financial statement. The court needs to settle disputes concerning division of assets, alimony, or child support. Each party may be required to file a financial statement that may disclose one’s income, assets, or liabilities they owe. For a valid document, this must be sworn under oath either before a notary public or a lawyer.
· Any other document that could be in possession or control and could provide information relevant for the divorce case
Mainly, during the divorce process, you will be required to have question sessions to come to an agreement either by use of face-to-face sessions or written questions that one spouse may submit to the other. Where you disagree on divorce issues, a judge may intervene and help you solve the disputes.
Why Do I Need A Family Lawyer During Discovery Process?
During your divorce discovery process, your lawyer may help to:
· Provide relevant advice concerning what you should disclose to your ex
· Know what to answer or write as he/she will help you narrow on what is needed in your divorce case
Since family law keeps changing, you may need to use referral or online resources to get such a lawyer who understands Canadian family law.
What To Do In The Discovery Process
To be on the safe side during the process, you can consider the below factors:
· Speak the truth. For instance, you are supposed to disclose correct financial statements. If you lie, this could have nasty legal repercussions. If you don’t give factual information, the judge may overturn an order previously made. For instance, if you were to get child custody or receive alimony, this may be changed, and you will have to foot your bills after the divorce.
· Make quick responses. You should ensure to submit your responses on time.
· Make objections. You feel the discovery process seems to favor the other party; you can talk it over with your lawyer, who can advise on the next steps to take.
Having the correct information beforehand can help ensure you know what is needed in your discovery process. You don’t have to allow a court to set aside agreements you had made because of providing incorrect information during the process. But with a family lawyer, you can be assured of having a smooth divorce process.