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The discovery process in divorce

After the initial divorce petitions are filed, the parties then start a process called “discovery.” During discovery, each spouse must disclose certain evidence, called mandatory disclosure. This includes things such as a financial affidavit, income tax returns, pay stubs, loan applications and deeds, bank statements and more.

In addition, one can request other items that might be relevant to determine the party’s income or a division of assets and liabilities. Time deadlines apply to producing these documents, so it is important that you diligently work to provide these documents to your attorney as soon as possible.

The intent of the discovery rules is to ensure that both parties disclose all of their financial information to the other side so there are no surprises at the final hearing and so the court can fairly divide up these assets and debts. If you believe your spouse is hiding assets, you need to let your attorney know as soon as possible so that these assets can be discovered.

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