Why is Discovery Important?

One of the most critical aspects of ensuring a fair and equitable resolution to a divorce action is the discovery process. In New York, financial disclosure is compulsory in divorce actions. The discovery process is designed to ensure that both parties have a clear and accurate understanding of the marital assets, debts, income, and expenses, which is crucial for making informed decisions about property division, spousal support, and child support.  In a divorce action, there are several different mechanisms employed in the discovery process:

1.      Interrogatories: These are written questions that one spouse sends to the other. The recipient must answer these questions in writing and under oath.

2.      Requests for Production: This involves one spouse requesting the other to produce certain documents, such as bank statements, tax returns, pay stubs, and other financial records.

3.      Depositions: These are sworn, out-of-court testimonies where one spouse answers questions posed by the other spouse's attorney. Depositions are usually recorded and can be used in court.

4.      Subpoenas: A subpoena is a legal document that orders a third party, such as a bank or employer, to provide certain documents or information.

Financial disclosure by each spouse is compulsory in New York to ensure transparency, fairness, and an equitable resolution.